1980 PLP 151 (CLC)
ABDUL KARIM-petitioner Versus MUHAMMAD ASHRAF AND ANOTHER-Respondents
| Citation | 1980 PLP 151 (CLC) |
| Forum / Court | Lahore |
| Bench Members | Aftab Hussain, J |
| Parties | ABDUL KARIM-petitioner Versus MUHAMMAD ASHRAF AND ANOTHER-Respondents |
| Primary Law | Cantonment Rent Restriction Act (XI of 1963) |
Q1: What are the key laws and sections cited in 1980 PLP 151 (CLC)?
This judgment primarily cites: Cantonment Rent Restriction Act (XI of 1963) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1980 PLP 151 (CLC)?
The case was heard and decided by the Lahore bench comprising: Aftab Hussain, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1980 PLP 151 (CLC) (ABDUL KARIM-petitioner Versus MUHAMMAD ASHRAF AND ANOTHER-Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Muhammad 1lyas Khan for Appellant.
- Ashiq Hussain for Respondents
- Date of hearing : 3rd July, 1979.
Headnotes / Summary
S. 24-Appeal-Jurisdiction--Jurisdiction to bear appeal under Act vested only in District Judge duly notified as appellate authority-Appeal decided by Additional District Judge, held, without jurisdiction-Case remanded to District Judge to decide appeal afresh according to law.-[Appeal (civil)-Jurisdiction].
Judgment & Decree
S. 24-Appeal-Jurisdiction--Jurisdiction to bear appeal under Act vested only in District Judge duly notified as appellate authority-Appeal decided by Additional District Judge, held, without jurisdiction-Case remanded to District Judge to decide appeal afresh according to law.-[Appeal (civil)-Jurisdiction]. Muhammad 1lyas Khan for Appellant. Ashiq Hussain for Respondents Date of hearing : 3rd July, 1979. As against the order of the Rent Controller Rawalpindi Cantonment passed under section 17 of the Cantonment Rent Restriction Act of 1963 an appeal was filed by the respondent before the learned District Judge but it was heard and decided by Mr. Khizar Hayat Khan, Additional District Judge, Rawalpindi. On 1st of June 1978 by the impugned order (Annexure `B') the learned Additional District Judge accepted the appeal, set aside the order of the Rent Controller and rejected the petitioner's application for ejectment. Hence this petition. 2. This petition is allowed since the learned Additional District Judge had no jurisdiction on the relevant date to bear the appeal under Cantonment Rent Restriction Act, 1.563. Such' section 24 of the Canton jurisdiction was vested only in the District Judge who was duly notified as an appellate. authority. Accordingly. the order Annexure 'B) is quashed and the matter is remanded to the learned District Judge, Rawalpindi to decide the appeal afresh according to law. The parties are left to bear their own costs. M. A. K. Case remanded.