| Case ID |
d4a65eca-7de4-464f-bb43-3cbb86738f05 |
| Body |
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| Case Number |
Writ Petition No. 10430 of 1992 |
| Decision Date |
Jan 31, 1993 |
| Hearing Date |
Jan 31, 1993 |
| Decision |
The Lahore High Court dismissed the constitutional petition challenging the Rent Controller's order for the deposit of rent pending the decision of the ejectment petition. The court determined that the orders issued by the Rent Controller were interlocutory and thus not subject to direct challenge in a constitutional petition. Even if the order was perceived as final, the tenant had the option to appeal, making the constitutional petition inappropriate in this context. |
| Summary |
This case pertains to the application of the West Pakistan Urban Rent Restriction Ordinance and the Constitution of Pakistan in the context of landlord-tenant disputes. The Lahore High Court addressed the jurisdictional limitations concerning the Rent Controller's orders, emphasizing the necessity for remedies through appeal rather than constitutional petitions for interlocutory orders. The decision reinforces the procedural aspects of rent disputes and the legal avenues available for tenants under current law. Such cases often highlight issues related to tenant rights, landlord obligations, and the interplay of civil and constitutional law in resolving property disputes, making them relevant in discussions about property law and tenant protection. Keywords: landlord-tenant law, rent control, constitutional jurisdiction, legal remedies. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
MALIK MUHAMMAD QAYYUM, J
|
| Lawyers |
Tariq Shamim,
Shahzad Nasir
|
| Petitioners |
MUHAMMAD SHAFI
|
| Respondents |
RENT CONTROLLER
|
| Citations |
1995 SLD 455,
1995 CLC 639
|
| Other Citations |
Muhammad Saeed v. Mst. Sartul Fatima and another PLD 1978 Lah. 1459,
Messrs Ansari Brothers v. Holy Trinity Church Trust PLD 1971 SC 700
|
| Laws Involved |
West Pakistan Urban Rent Restriction Ordinance,
Constitution of Pakistan
|
| Sections |
6,
199
|