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KOHITEX (PVT.) LTD. versus MUHAMMAD MUKHTAR


Section 17 (8) Civil Code of Conduct (v. 1908), Sections 114 and O XLVII, R1 Constitution of Pakistan (1973), Article 199 Tenants on their request after collecting monthly rent through the temporary rent order of the tenant controller. The authority to assess the legitimate power of the amended landlord was not given to the controller and by the form of such law it cannot be used unless the section 114 or OXLVII, R 1, CPC processions are not specifically implemented by law. In this case the rent controller applies the action before the order, which was approved by amending the earlier order, without any jurisdiction and law to appeal the appeal against the interim order. Was not obliged when approved by the Rent Controller, however, to appear, but the scope of such appeal would be limited to the relation of the order approved in the pre-order modification to avoid such interim order. , When there was interim order without the jurisdiction of the law and without malice, the High Court exercised its constitutional jurisdiction Will establish the order in question, under which the first order for rent collection was amended; it was declared lawful and illegal, with no legal effect.

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