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Writ Petition No.7488 of 1979, decided on 11th February, 1984.

West Pakistan Requisitioning of Immovable Property (Temporary Powers) Act, 1956--

--Ss.3 & 11--Constitution of Pakistan (1973), Art.199--West Pakistan Government Notification No.Judl. 1/16(21)/66, dated 16-6-1962--Juris diction of Rent Controller-- Requisition order passed under West Pakistan Requisitioning of Immovable Property (Temporary Powers) Act, 1956 prior to institution of ejectment petition before Rent Controller--Rent Controller, held, could not go behind vires of that order--West Pakistan Requisitioning of Immovable Property (Temporary Powers) Act, 1956, barred jurisdiction of Rent Controller to proceed in matter.

Muhammad Tufail v. Province of Punjab and 5 others P L D 1978 Lah. 87 not attracted.

Hamid-ud-Din Kasuri for Petitioner.

Walayat Umar Chaudhri for Respondent No.1.

Nemo for Respondent No.2.

Date of hearing: 11th February, 1984.

This writ petition is directed against order dated 13-9-1979 of the learned Rent Controller, Lahore whereby he overruled the objection raised by the petitioner that the property in dispute having been requisitioned on 6-3 1978; the ejectment proceedings cannot be launched against the petitioner from the property in dispute.

2. The relevant facts of the case are that the respondent No.1 filed an ejectment application against the petitioner (Provincial Govern ment) from the property in dispute wherein the petitioner was running a girl school. The petitioner in written statement raised a preliminary objection that the property in dispute had already been requisitioned under section 3 of the West Pakistan Requisitioning of Immovable Property (Temporary Powers) Act, 1956 read with West Pakistan's Government Notification No.Judl. 1/16(21)/66, dated 16-6-1962 and the ejectment petition was not maintainable.

The learned Rent Controller, Lahore framed a preliminary issue to the following effect:-

"Whether the ejectment petition is not maintainable in view of the preliminary objection No.1 raised by the respondent in the written reply OPR"

Relying on Muhammad Tufail v. Province of Punjab and 5 others P L D 1978 Lah. 87 the objection was overruled by respondent No.2 vide the impugned order dated 13-9-1979. Hence this petition.

3. Learned counsel for the petitioner contended that the learned Rent Controller under section 11 of the West Pakistan Requisitioning of Immovable Property (Temporary Powers) Act, 1956 had no jurisdiction to proceed in the matter when the property had already been requisitioned under the aforesaid provisions of law. In any case if respondent No.1 was aggrieved against the order of requisition; the same could have been challenged before the competent Court.

4. Learned counsel for respondent No.1 on the other hand, stated that even the Rent Controller was competent to ignore an order passed by a tribunal/authority without jurisdiction. He, however, expressed that the impugned order was illegal and assailable before a competent Court, particularly because the same was passed without notice to the respondent No.1.

5. The order of requisition of the disputed property in this case was passed prior to the institution of the ejectment petition, therefore, the learned Rent Controller could not go behind the vires of that order.

Section 11(2) of the West Pakistan Requisitioning of Immovable Property (Temporary Powers) Act, 1956 bars the jurisdiction of the Rent Controller to proceed in the matter. For facility of reference the relevant provision is reproduced hereunder:---

"No order made in exercise of any power conferred by or under this Act shall be called in question in any Court."

6. For the foregoing reason this petition is allowed and the impugned order passed by the learned Rent Controller is declared to be of no legal effect. Respondent No.1 is, however, at liberty to assail the requisitioning order before a competent Court of law.

7. There shall be no order as to costs.

H . B . T . Petition allowed.

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