| Case ID |
00750334-bfe8-498a-b24a-41c9cf3a3188 |
| Body |
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| Case Number |
Civil Revision Petition No. 144 of 1950 |
| Decision Date |
Jan 29, 1952 |
| Hearing Date |
May 28, 1951 |
| Decision |
The Lahore High Court dismissed the revision petition filed by The Corporation of the City of Lahore, affirming that the orders of the Controller and the Appellate Authority under the Punjab Urban Rent Restriction Act are not revisable by the High Court. It was determined that these authorities do not function as Courts subordinate to the High Court, thus the High Court has no jurisdiction to review their decisions. The ruling clarified the distinction between administrative and judicial functions in relation to the Rent Controller's role, emphasizing that the Act does not confer full Civil Court powers and that the authorities operate under a limited jurisdiction focused on landlord-tenant disputes. This decision reinforced the legal framework established by the Punjab Urban Rent Restriction Act, protecting tenants from arbitrary eviction while outlining the limited scope of the Controller's authority. |
| Summary |
This case revolves around the interpretation of the Punjab Urban Rent Restriction Act, 1947, and the jurisdiction of the Rent Controller and Appellate Authority. The Lahore High Court addressed critical questions regarding whether these bodies operate as Courts subordinate to the High Court. The ruling emphasized that the Controller is not endowed with full Civil Court powers, nor are its decisions subject to High Court revision. This case is pivotal in establishing the legal protections for tenants under the Act, which limits landlords' abilities to evict tenants without just cause. The Court's findings highlight the importance of adhering to the legal framework established for resolving landlord-tenant disputes while ensuring that the rights of tenants are safeguarded. This decision has significant implications for housing law and tenant rights in Pakistan, reinforcing the need for specialized tribunals to handle such matters effectively. |
| Court |
Lahore High Court
|
| Entities Involved |
The Corporation of the City of Lahore,
Mst. Fahmida Begum
|
| Judges |
S. A. Rahman,
Muhammad Jan,
Muhammad Khurshid Zaman
|
| Lawyers |
Sheikh Mehboob Elahi,
B. Z. Kaikaus
|
| Petitioners |
The Corporation of the City of Lahore
|
| Respondents |
Mst. Fahmida Begum
|
| Citations |
1952 SLD 67,
1952 PLD 258
|
| Other Citations |
Kishen Chand & Co. v. Nur Muhammad, P L D 1949 Lah. 30,
Sultan Ali Nanghiana v. Mian Nur Hussain, P L D 1949 Lah. 301
|
| Laws Involved |
Punjab Urban Rent Restriction Act, (VI of 1947),
Punjab Courts Act, (VI of 1918),
Government of India Act, 1935,
Civil Procedure Code (V of 1908)
|
| Sections |
2(b),
15,
44,
93(1),
115
|