| Case ID |
2689027c-57a1-4a62-b089-3c4b486f0919 |
| Body |
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| Case Number |
Writ Petition No.410 of 2003 |
| Decision Date |
Apr 02, 2003 |
| Hearing Date |
Apr 02, 2003 |
| Decision |
The petition was allowed, and the judgment of the learned Additional District Judge, Lahore dated 14-12-2002 was declared as of no legal effect. The appeal filed by the petitioner shall be deemed pending before him, which shall be heard and decided afresh in accordance with law. The court emphasized that the dismissal of the objection petition by the Rent Controller constituted a final order affecting the petitioner's rights, and thus, the appeal should be maintainable. The court directed that the parties should represent themselves before the Additional District Judge on 14-4-2003, with an expectation of an expedited hearing. |
| Summary |
This case revolves around the appeal process under the West Pakistan Urban Rent Restriction Ordinance concerning the dismissal of an objection petition by the Rent Controller. The Lahore High Court highlighted the legal implications of final versus interlocutory orders in rent disputes. The ruling emphasized the right to appeal against orders that materially affect the rights of the parties involved. The court's decision to allow the writ petition underscores the importance of proper jurisdiction and the necessity for appellate courts to exercise their authority in cases where the lower court has erred in its judgment. The case cites previous rulings to establish a precedent for the interpretation of section 15 of the Ordinance, which affirms the right to challenge decisions made by Rent Controllers. This case is significant for legal professionals dealing with tenancy disputes and provides clarity on the appealability of certain orders under the Ordinance. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
SAYED ZAHID HUSSAIN, J
|
| Lawyers |
Ch. Muhammad Bakhsh,
Gulsher Mir
|
| Petitioners |
AMIR SHEIKH
|
| Respondents |
2 others,
Mst. RIFFAT ARA
|
| Citations |
2003 SLD 2648,
2003 CLC 1231
|
| Other Citations |
Meraj Din and 3 others v. Additional District Judge, Gujranwala and 2 others 1993 CLC 1872,
Haji Muhammad Ramzan and another v. Abdur Rashid and another PLD 1997 451
|
| Laws Involved |
West Pakistan Urban Rent Restriction Ordinance,
Constitution of Pakistan
|
| Sections |
15,
199
|