| Case ID |
73534b18-7628-4146-84bd-4a2820b67613 |
| Body |
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| Case Number |
Writ Petition No. 10195 of 1994 |
| Decision Date |
Oct 25, 1994 |
| Hearing Date |
|
| Decision |
The Lahore High Court dismissed the writ petition filed by Akhtar Ali against the order of the Additional District Judge. The court confirmed that the appellate authority acted within its lawful jurisdiction by framing an additional issue regarding the damage caused to the rented property and allowing parties to present evidence. The court emphasized that it does not act as an appellate court under Article 199, but rather ensures that lower courts do not act fancifully or without evidence. The ruling reinforced the discretion of the appellate authority to determine the sufficiency of evidence and the necessity for further inquiry, thereby upholding the integrity of the legal process. |
| Summary |
In the case of Writ Petition No. 10195 of 1994, the Lahore High Court addressed the jurisdiction of the appellate authority under the West Pakistan Urban Rent Restriction Ordinance regarding the framing of additional issues and recording of evidence. The petitioner, Akhtar Ali, sought to challenge the order of the Additional District Judge, who had framed an additional issue concerning damage to the rented premises. The court ruled that the appellate authority had the discretion to frame additional issues and record evidence, thus acting within its lawful jurisdiction. The ruling underscores the importance of ensuring that all relevant issues are addressed in eviction proceedings and that the rights of both landlords and tenants are protected within the framework of the law. The case highlights the balance of power between trial and appellate courts and the standards of evidence required in such disputes, serving as a significant precedent in tenancy law. Keywords: Rent Restriction Ordinance, appellate authority, eviction proceedings, Lahore High Court, legal jurisdiction, evidence standards, tenant rights. |
| Court |
Lahore High Court
|
| Entities Involved |
|
| Judges |
MUHAMMAD AQIL MIRZA, J
|
| Lawyers |
Rafiq Javed Butt for Petitioner,
Rana Abdullah Khalid Khan for Respondent No. 1
|
| Petitioners |
AKHTAR ALI
|
| Respondents |
M/s. ABAID ULLAH AND SONS and another
|
| Citations |
1995 SLD 952 = 1995 CLC 322
|
| Other Citations |
Faheem & Company and another v. National Bank of Pakistan, Karachi and 5 others PLD 1975 Kar. 1032,
Messrs Faheem & Company and another v. National Bank of Pakistan and 5 others 1976 SCMR 100,
Dr. Bashir Ahmad Khan and 2 others v. Mehr Din 1985 SCMR 1,
Rahim Bakhsh Awan v. Ijaz Mehmood PLD 1990 Lah. 37
|
| Laws Involved |
West Pakistan Urban Rent Restriction Ordinance,
Civil Procedure Code,
Constitution of Pakistan
|
| Sections |
15(7),
OXLI, R.24,
Art. 199
|