| Case ID |
e958023e-7660-4259-9a1d-6de9b56e88cb |
| Body |
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| Case Number |
Second Appeal from Order No. 3 of 1975 |
| Decision Date |
Dec 15, 1977 |
| Hearing Date |
Oct 29, 1977 |
| Decision |
The appeal was allowed based on the grounds that the Rent Controller failed to determine the relationship of landlord and tenant before proceeding with the ejectment application. The court emphasized the necessity of establishing jurisdiction based on this relationship, referring to various precedents that supported the need for such adjudication. The Rent Controller's orders were deemed void due to lack of jurisdiction, and the case was remanded for proper proceedings. |
| Summary |
This case revolves around the West Pakistan Urban Rent Restriction Ordinance of 1959, particularly focusing on the jurisdiction of the Rent Controller in cases where the landlord-tenant relationship is disputed. The Quetta High Court ruled that the Rent Controller must first establish this relationship before proceeding with any ejectment orders. The court's decision highlights the importance of jurisdiction in rental disputes and reinforces the legal principle that a mere denial of tenancy does not automatically oust the Controller's jurisdiction. This case serves as a pivotal reference point for similar disputes in rental law, emphasizing the need for clear adjudication of landlord-tenant relationships in accordance with established legal precedents. |
| Court |
Quetta High Court
|
| Entities Involved |
Not available
|
| Judges |
MIR HAZAR KHAN KHOSO, J
|
| Lawyers |
Azizullah Memon,
Munawar Ahmed Mirza
|
| Petitioners |
Mst. KHURSHID
|
| Respondents |
4 Others,
Haji ABDUL HADI
|
| Citations |
1979 SLD 114,
1979 PLD 39
|
| Other Citations |
Muhammad Ismail v. Israr Ahmed P L D 1961 Lab. 601,
Mst. Karam BIN v. Mir Muhammad Hassan and others P L D 1962 Quetta 67,
Akhtar Ali Parvez v. Altafur Rehman P L D 1963 Lab. 390,
Mehdi Hassan v. Ghulam Muhammad etc. P L D 1964 Lab. 648,
Abdullah Bhai and others v. Ahmed Din P L D 1964 S C 106,
Safdarali v. Muhammad Ali P L D 1974 Quetta 1,
Faqir Muhammad v. Dr. Muhammad Yasin and 2 others P L D 1964 Lab. 686,
Ibrahim v. Muhammad Hussain P L D 1975 S C 457,
Yousaf Ali v. Muhammad Aslam Zia and 2 others P L D 1958 S C (Pak.) 104
|
| Laws Involved |
West Pakistan Urban Rent Restriction Ordinance (VI of 1959)
|
| Sections |
13(2)
|