Legal Case Summary

Case Details
Case ID 20798395-f6b4-4431-ab4d-db3d021ffcdc
Body View case body.
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