Lawyers Directory Listing
Chat with us free on WhatsApp — tell us your city and legal matter and our team connects you with the right lawyer. No form, no fee.
Civil Petition No. 427 of 1984, decided on 20th May, 1984.
(On appeal from the Judgment, dated 3‑10‑1983 of the Lahore High Court, Lahore in Writ Petition No. 3240/1982)..
‑‑ Art. 185(3)‑West Pakistan Urban Rent Restriction Ordinance (VI of 1959), S. 17‑Execution of eviction order‑Leave to appeal Granted to settle a conflict of view existing on same question in High Court.
Malik Muhammad Shafi v. Muhammad Saleem P L D 1982 Lab. 702 ref.
Munir A. Sheikh, Advocate Supreme Court and Sh. Abdul Karim, Advo cate‑on‑Record for Petitioner.
Nemo for Respondents.
Date of hearing : 20th May, 1984.
.‑A learned Single Judge of the Lahore High Court has, in this case, expressed the view that under section 17 (as amend ed) of the Rent Restriction Ordinance, the Rent Controller, while executing the order of eviction, does not have the jurisdiction to entertain an objec tion petition, which is possessed by the ordinary executing Court.
The learned counsel for the petitioner submits that the view taken by the learned Judge in the High Court, in this case, is at variance with the view taken of the same question by another learned Judge of the same, Court in the case of Malik Muhammad Shafi v. Muhammad Saleem (P L D 1982 Lah. 702).
As a conflict of view exists on the same question in the High Court we would grant leave to appeal to settle it authoritatively.
Security Rs. 1,000.
The appeal shall be made ready on the present record, with liberty to he parties to add further documents, if any.
The respondents are restrained from alienating the property in dispute meanwhile.
S. Q. Leave granted.
Dealing with a matter like this? Connect with a verified advocate in your city — free on SJP Lawyers Directory.
🔍 Find a Lawyer