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Petitioner: ABDUL KARIM VS Respondent: MUHAMMAD ASHRAF AND ANOTHER
Court Name: Lahore High Court Judge(s): Aftab Hussain Title: ABDUL KARIM vs MUHAMMAD ASHRAF AND ANOTHER Case No.: Writ Petition No, 3395 of 1978 Date of Judgment:1979-07-02 Reported As: 1980 CLC 151 Result: Case remanded
JUDGMENT
JUDGMENT ' As against the order of the Rent Controller Rawalpindi Cantonment pass 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 hear the appeal under section 24 of the Cantonment Rent Restriction Act, 1963. Such 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.