| Case ID |
05d40498-fa04-4882-8ba4-84a44b5fc211 |
| Body |
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| Case Number |
D-2741 of 1978 |
| Decision Date |
May 14, 1978 |
| Hearing Date |
May 14, 1978 |
| Decision |
The Supreme Court of Pakistan dismissed the petition for special leave to appeal, affirming the decisions of the subordinate courts. The court held that the West Pakistan Urban Rent Restriction Ordinance was not applicable to the area in dispute since no notification had been issued by the North-West Frontier Province Government declaring it as an 'Urban Area'. The High Court's refusal to permit the petitioners to raise a point not previously raised was upheld, indicating no error in the High Court's view. The court clarified the requirements for the application of laws to Tribal Areas and the necessity of prior notice under the Transfer of Property Act before instituting a suit based on a lease deed. |
| Summary |
This case revolves around the application of the West Pakistan Urban Rent Restriction Ordinance and whether it applies to the Malakand Protected Area. The Supreme Court emphasized the need for a government notification to declare an area as 'Urban', which was not provided in this instance. The legal principles surrounding the application of laws to Tribal Areas under the Constitution were also clarified, particularly regarding the discretion of the Governor and the President in extending laws to such regions. The court upheld the decisions of lower courts regarding the eviction of tenants without the necessary legal basis established through proper notification and procedure. This case is significant in understanding the jurisdiction of civil courts in matters of tenancy and the application of specific ordinances in designated areas. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
Qaiser Khan,
Muhammad Haleem,
Karam Elahee Chauhan
|
| Lawyers |
J. D. Akbarji,
M. Shafi Khan,
S. Safdar Hussain
|
| Petitioners |
Another,
Ahmad Hasan
|
| Respondents |
Another,
Muhammad Daraz
|
| Citations |
1978 SLD 296 = 1978 PLD 148
|
| Other Citations |
Not available
|
| Laws Involved |
West Pakistan Urban Rent Restriction Ordinance VI of 1959,
Constitution of Pakistan (1972),
West Pakistan Urban Rent Restriction Ordinance (Application to Certain Tribal Areas of the North-West Frontier Province) Regulation I of 1973,
Civil Procedure Code,
Transfer of Property Act IV of 1882
|
| Sections |
13,
2(j),
261(3),
1(2)(3),
3,
4,
115,
106,
116
|