KHADIM HUSSAIN vs GHULAM MUHAMMAD — 1971 PLD 529

Citation: 1971 PLD 529

Court: Lahore High Court

Year: 1970

Decision Date: 1970-06-02

Parties: KHADIM HUSSAIN vs GHULAM MUHAMMAD

Headnotes

Case cited as PLD 1971 Lahore 529

Judgment Text

Court Name: Lahore High Court Judge(s): Karam Elahi Chauhan Title: KHADIM HUSSAIN vs GHULAM MUHAMMAD Case No.: Civil Miscellaneous No, 2336 of 1970 Date of Judgment:1970-06-02 Reported As: PLD 1971 Lahore 529 Result: Petition dismissed Judgment ORDER Time was given to the learned counsel to study the point whether High Court has jurisdiction to transfer a case pending before a Rent Controller. No case-law has been cited but learned counsel refers to the provisions of section 15 of the West Pakistan Urban Rent Restriction Ordinance, 1959, read with section 15-A and submits that the words "appellate authority's in sub-clause (a) of section 15-A include the High Court. The contention has no force. If the matter is examined with reference to subsection (5) of section 15, it will become clear that the appellate authority and the High Court are two separate institutions within the meaning of that section as well as section 15-A. In that view of the matter, it is obvious that High Court has no power to direct the transfer of a case pending before a Rent Controller. 2. When confronted with this situation, learned counsel submitted that this petition may be treated as an appeal against the order, dated 9-3-1970, to consider the charge of the petitioner on the property in dispute. I am not prepared to resort to such a course because institution of such an appeal is, in itself, in doubt. If the learned counsel is really sanguine about his point of view, he can prefer a regular appeal,…

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