| Case ID |
3cc6ed4b-777d-41ad-ac0c-d79796e2ef2e |
| Body |
View case body. Login to View |
| Case Number |
Writ Petition No.438 of 2005 |
| Decision Date |
Feb 18, 2005 |
| Hearing Date |
|
| Decision |
The Lahore High Court dismissed the writ petition in limine, ruling that the Rent Controller acted in a quasi-judicial capacity and not as a civil court. The petitioner’s request for a stay based on the arbitration clause was deemed invalid as the application was not submitted in the appropriate court. The court emphasized that the tenant failed to file the necessary application under Section 34 of the Arbitration Act before a civil court, which is essential for invoking the arbitration clause. The court distinguished this case from relevant precedents, noting that the Rent Controller's jurisdiction did not align with that of a civil court. As such, the petitioner's grievances regarding the proceedings were not sufficient to warrant the court's intervention. |
| Summary |
In the case of Nuricon Union (PVT.) LTD. vs. Islamabad Rent Controller, the Lahore High Court addressed the issue of ejectment proceedings under the Islamabad Rent Restriction Ordinance and the Arbitration Act. The petitioner, a tenant, challenged the orders of the Rent Controller, which required the submission of a written statement in an ejectment application. The tenant's primary argument rested on an arbitration clause within the rental agreement, asserting that the Rent Controller should have stayed the proceedings pending arbitration. However, the court found that the Rent Controller does not possess civil court jurisdiction, and since the tenant did not file the required application under Section 34 of the Arbitration Act in a civil court, the petition lacked merit. The court dismissed the writ petition, reinforcing the distinction between the roles of the Rent Controller and civil courts regarding arbitration agreements. This case underscores the importance of adhering to procedural requirements in legal proceedings and clarifies the jurisdictional boundaries of quasi-judicial bodies. |
| Court |
Lahore High Court
|
| Entities Involved |
NURICON UNION (PVT.) LTD.,
Islamabad Rent Controller
|
| Judges |
ABDUL SHAKOOR PARACHA, J
|
| Lawyers |
Sheikh M. Suleman
|
| Petitioners |
NURICON UNION (PVT.) LTD.
|
| Respondents |
|
| Citations |
2005 SLD 1258,
2005 CLC 882
|
| Other Citations |
Pakistan and Divisional Superintendent Pakistan Railways, Rawalpindi v. Muhammad Faiz Ahmed NLR 1978 Civil 1186,
Khadim Mohy-ud-Din and another v. Ch. Rehmat Ali Nagra and another PLD 1965 SC 459
|
| Laws Involved |
Islamabad Rent Restriction Ordinance,
Arbitration Act,
Constitution of Pakistan
|
| Sections |
IV of 2001,
X of 1940,
1973
|