31/2016 F.R.A Dr.Muhammad Hassan (Appellant) V/S Additional Controller of Rents & others (Respondent)
Sindh High Court
Bench: Hon'ble Mr. Justice Nazar Akbar(Author)
Order Date: 06-MAR-20
(a) Cantonments Rent Restriction Act (XI of 1963)--- ----S.3---Rent Controller---Jurisdiction---Government building---Neither any other Court nor parties can confer jurisdiction on a Court / Tribunal when it is expressly barred by Cantonment Rent Restriction Act, 1963. (b) Jurisdiction--- ----Question of---Principle---Whenever question of jurisdiction of a Court is raised by any party it has to be decided first by the Court as preliminary issue. A.M Qureshi v. Government of Sindh and others 1991 SCMR 1103 rel. (c) Jurisdiction--- ----Interim order, passing of--- Principle--- Court having no jurisdiction to adjudicate on dispute between parties on merit, cannot even pass interim order and then penalize parties for its non-compliance. (d) Cantonments Rent Restriction Act (XI of 1963)--- ----Ss.3, 17, 19(8) & 24--- Constitution of Pakistan, Arts. 10-A & 23---Eviction of tenant---Property rights---Rent Controller, jurisdiction of---Petitioners were having lease agreements in their favour executed by Federal Government and the Government sought their eviction from Rent Controller on the plea of raising commercial buildings---Validity---Tenants had perpetual right in demised shops under the agreements with Federal Government and whenever the government decided to launch any commercial project by demolishing the property in question, the rights of tenants under existing agreement were to be protected and no effort should be made to wriggle out of the contractual obligations except in accordance with law---Tenants were to be properly informed with relevant material details of any proposed action---Landlord had filed cases in the Court of Additional Rent Controller despite the fact that he had no jurisdiction and then tried to subvert entire trial in the name of S. 19(8) of Cantonments Rent Restriction Act, 1963 which was a mala fide attempt to deprive tenants from their Constitutionally guaranteed lawful right in demised shops---High Court in exercise of appellate jurisdiction set aside eviction orders passed by Rent Controller---Appeal was allowed in circumstances. Suo moto Case No.04 of 2010 PLD 2012 SC 553; Inaam-ul-Haq v. Muhammad Ali Shaheen and another 2013 CLC 904; Sh. Riaz-ul-Haq and another v. Federation of Pakistan through Minisry of Law and others PLD 2013 SC 501; Zulfiqar Ahmed khan v. Station Commander, Station Headquarters, Karachi and another 2010 CLC 354 and Ghulam Mustafa Bughio v. Additional Controller of Rents, Clifton and others" 2006 SCMR 145 ref. M.H Mussadaq v. Muhammad Zafar Iqbal 2004 SCMR 1453; Khawaja Muhammad Mughees v. Mrs. Sughra Dadi 2001 SCMR 2020; Asif Najma Ansaizi v. Mrs. Mariam Mirza and another 2014 MLD 1304; Arif Lakhani v. Irfan Nazar and another 2014 CLC 1756; Uzma Construction Co. v. Navid H. Malik 2015 SCMR 642; Muhammad Saqib v. S.M Mushtaq 2015 YLR 723; Mian Muhammad Lateef v. Mst. Nasima Warsi through L.R 2009 CLC 279; Najma Aziz Sethi v. Muhammad Azeem Butt 2008 MLD 42; Dawood Khan through Attorney v. Sheraz Ahmed 2009 YLR 1238; Zulfiqar Ahmed Khan v. Station Commander, Station Headquarters, Karachi an another 2010 CLC 354; M.K. Muhammad and another v. Muhammad Abu Bakar 1993 SCMR 200; Mrs. Ghazala Iftikhar v. Controller/Additional Controller of Rents and another 2012 YLR 74 and Abdul Latif and another v. Messrs Parmacie Plus 2019 SCMR 627 distinguished.Full judgment text for this case is not yet available on Pakistan Law Reports. Check the official Sindh High Court case law portal for the complete order.
This judgment is reproduced from a publicly available source for informational purposes and does not constitute legal advice. If you believe this listing contains an error,
let us know.