| Case ID |
20798395-f6b4-4431-ab4d-db3d021ffcdc |
| Body |
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| Case Number |
Writ Petition No. 3231 of 1990 |
| Decision Date |
Nov 27, 1990 |
| Hearing Date |
Nov 27, 1990 |
| Decision |
The Lahore High Court dismissed the petition filed under Article 199 of the Constitution of Pakistan, stating that the eviction order from the Rent Controller was within jurisdiction and the appeal had been appropriately dismissed by the Addl. District Judge. The court emphasized that the constitutional jurisdiction could only be exercised if the lower court's order was made without jurisdiction, in excess of jurisdiction, or in defiance of law. The findings regarding the landlord-tenant relationship were upheld, and the petitioner's arguments were found to lack merit. |
| Summary |
This case revolves around the constitutional jurisdiction of the Lahore High Court regarding an eviction order passed by the Rent Controller in Gujrat. The petitioner, Jan Muhammad, contested the order claiming that the relationship of landlord and tenant did not exist with the respondent, Allah Ditta. Key issues included the service of notice under the Displaced Persons (Comp. & Rehab.) Act, 1958. The court reaffirmed that constitutional review is limited to jurisdictional errors and upheld the lower courts' decisions. This case highlights the complexities of landlord-tenant relationships and the legal standards required for eviction processes in Pakistan, making it a relevant reference for similar cases in the future. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
MIAN ALLAH NAWAZ, J
|
| Lawyers |
Ch. Muhammad Arshad
|
| Petitioners |
JAN MUHAMMAD
|
| Respondents |
ALLAH DITTA
|
| Citations |
1992 SLD 608,
1992 CLC 317
|
| Other Citations |
Not available
|
| Laws Involved |
Constitution of Pakistan (1973),
Displaced Persons (Comp. & Rehab.) Act, 1958
|
| Sections |
199,
30
|