1981 PLP 1257 (CLC)
MESSRS S. MOHAMMAD ILYAS & SONS LTD., LAHORE‑Petitioner Versus ABU AHMAD KHAN AND 2 others‑Respondents
| Citation | 1981 PLP 1257 (CLC) |
| Forum / Court | Lahore |
| Bench Members | N/A |
| Parties | MESSRS S. MOHAMMAD ILYAS & SONS LTD., LAHORE‑Petitioner Versus ABU AHMAD KHAN AND 2 others‑Respondents |
| Primary Law | (b) Civil Procedure Code (V of 1908)‑ |
Q1: What are the key laws and sections cited in 1981 PLP 1257 (CLC)?
This judgment primarily cites: (b) Civil Procedure Code (V of 1908)‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1981 PLP 1257 (CLC)?
The case was heard and decided by the Lahore bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1981 PLP 1257 (CLC) (MESSRS S. MOHAMMAD ILYAS & SONS LTD., LAHORE‑Petitioner Versus ABU AHMAD KHAN AND 2 others‑Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Mien Israr‑ul‑Haq for Petitioner.
- Ch. Inayat Hussain for Respondents.
Headnotes / Summary
S. 15(7) and Constitution of Pakistan (1973), Art. 199‑Words and phrases‑Words `or otherwise' in subsection (7) of section 15, scope of‑Contention that subsection (7) constitutes a complete bar against ‑say proceedings whatever in High Court to call in question, order of Rent Controller, including proceedings in writ petition, held, has no force‑High Court can interfere with findings of Tribunal of exclusive jurisdiction within limits outlined in Art. 199‑Power granted by Constitution can be taken away only by amendment of Constitu tion.‑[Word and phrases].
O. XXIII, r. 3 and West Pakistan Urban Rent Restriction Ordinance (VI of 1959), S. 15‑Compromise out of Court‑Petitioner making application before appellate Court that there had been a compromise between parties and rent of premises increased and as such respondent agreed to withdraw proceedings‑Petitioner also applying for per mission to produce evidence to prove compromise which respondent denied‑‑Appellate Court rejecting such application summarily holding that compromise between pasties outside Court of no consequence in circumstances of case‑‑Meld, question whether or not there had been a compromise between parties, had to be decided after a regular enquiry by taking evidence‑Rejection of such applications summarily not proper‑Case remanded in circumstances of case.
Judgment & Decree
(a) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)‑
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S. 15(7) and Constitution of Pakistan (1973), Art. 199‑Words and phrases‑Words `or otherwise' in subsection (7) of section 15, scope of‑Contention that subsection (7) constitutes a complete bar against ‑say proceedings whatever in High Court to call in question, order of Rent Controller, including proceedings in writ petition, held, has no force‑High Court can interfere with findings of Tribunal of exclusive jurisdiction within limits outlined in Art. 199‑Power granted by Constitution can be taken away only by amendment of Constitu tion.‑[Word and phrases]. (b) Civil Procedure Code (V of 1908)‑
O. XXIII, r. 3 and West Pakistan Urban Rent Restriction Ordinance (VI of 1959), S. 15‑Compromise out of Court‑Petitioner making application before appellate Court that there had been a compromise between parties and rent of premises increased and as such respondent agreed to withdraw proceedings‑Petitioner also applying for per mission to produce evidence to prove compromise which respondent denied‑‑Appellate Court rejecting such application summarily holding that compromise between pasties outside Court of no consequence in circumstances of case‑‑Meld, question whether or not there had been a compromise between parties, had to be decided after a regular enquiry by taking evidence‑Rejection of such applications summarily not proper‑Case remanded in circumstances of case. Mien Israr‑ul‑Haq for Petitioner. Ch. Inayat Hussain for Respondents. Date of hearing : 21st January 1981.