| Case ID |
de955073-95fc-444e-a709-3fe7583dfd72 |
| Body |
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| Case Number |
Writ Petition No. 155 of 1983 |
| Decision Date |
Jul 09, 1983 |
| Hearing Date |
Jun 25, 1983 |
| Decision |
The Lahore High Court dismissed the constitutional petition filed by Syed Amjad Ali Shah, challenging the eviction order issued by the Rent Controller. The court found that the lower part of the leased property was properly classified under the West Pakistan Urban Rent Restriction Ordinance, as the lease was for the purpose of running a factory and did not exclude the jurisdiction of the Rent Controller. The court upheld the concurrent findings of the lower courts and noted that the petitioner failed to raise the jurisdictional objection at the appropriate time. The court confirmed the landlords' right to reclaim the property for bona fide residential needs, in line with established legal precedents. |
| Summary |
This case revolves around the interpretation of the West Pakistan Urban Rent Restriction Ordinance, particularly concerning the jurisdiction of the Rent Controller in cases where properties are used for manufacturing purposes. The petitioner, Syed Amjad Ali Shah, argued that his lease for the lower portion of a house for tile manufacturing did not fall under the jurisdiction of the Rent Controller. However, the Lahore High Court upheld the previous rulings, asserting that the lease was for premises used to run a factory rather than for the factory itself, thereby maintaining the Rent Controller's jurisdiction. The court also highlighted the landlords' entitlement to reclaim the property for bona fide residential purposes, referencing changes in legal interpretations regarding composite buildings. This case emphasizes the importance of timely objections in legal proceedings and clarifies the nuances of property law under the Urban Rent Restriction Ordinance. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
Rustam S. Sidhwa, J
|
| Lawyers |
Habib-ul-Wahab AI-Khairi,
Gul Zarin Kiani
|
| Petitioners |
Syed Amjad Ali Shah
|
| Respondents |
Iqbal Ahmad Farooqi
|
| Citations |
1983 SLD 479,
1983 PLD 674
|
| Other Citations |
Noor Muhammad Khan v. Haji Muhammad Ali Khan P L D 1973 S C 218,
Ghulam Farid v. Mian Farooq Nazir P L D 1979 Lab. 673,
Messrs Rehman Cotton Factory v. Messrs Nichimen Co. Ltd. P L D 1976 S C 781,
Ahmad Aziz Zia v. Muhammad Siddique P L D 1982 Lab. 37,
Muhammad Bashir's case P L D 1975 Lab. 254,
Gul Afzal Khan's case P L D 1979 Lah. 398,
Rana Khalilur Rehman's case P L D 1983 Lab. 331,
Nasir-ud-Din's case N L R 1979 Lab. 551,
Raja Qurban Khan's case 1980 S C M R 590,
Sh. Muhammad Asif's case 1981 C L C Lab. 562
|
| Laws Involved |
West Pakistan Urban Rent Restriction Ordinance,
Civil Procedure Code,
Provisional Constitution Order
|
| Sections |
2,
13(3)(a)(i)(a),
O. XIV, r. 1,
Art. 9
|