AZIMULLLAH vs Sped SHAUKAT ALI and anothers — 1972 PCRLJ 306

Citation: 1972 PCRLJ 306

Court: Lahore High Court

Year: 1971

Decision Date: 1971-06-07

Parties: AZIMULLLAH vs Sped SHAUKAT ALI and anothers

Headnotes

Case cited as 1972 PCRLJ 306

Judgment Text

Court Name: Lahore High Court Judge(s): Muhammad Afzal Cheema Title: AZIMULLLAH vs Sped SHAUKAT ALI and anothers Case No.: Criminal Miscellaneous No. 4589 of 1969 Date of Judgment:1971-06-07 Reported As: 1972 P Cr. L J 306 Result: Petition granted Judgment ORDER This petty matter has lingered on unnecessarily for want of the learned counsel for the petitioner for one reason or the other. 2. The short background of the case is that the petitioner who was the tenant of respondent No. 1, was sought to be ejected by the latter, who filed an application under section 13 of the West Pakistan Urban Rent Restriction Ordinance, 1959, which was dismissed by the learned Rent Controller on the 15th of October 1968 and was challenged in appeal before the lower Appellate Authority; we are not concerned however with that aspect of the matter. On the 1st of June 1968, the petitioner was examined by the learned Rent Controller as his own witness. The respondent landlord was of the view that he had deliberately perjured himself and accordingly moved the learned Rent Controller for filing a complaint against him under section 195, Cr. P. C. for his prosecution. The petition was rejected by the learned Rent Controller on the ground that in view of, Khadi/n Mohy-ud-Din etc. v. Cli. Rehmat All Nagra etc. (1), he was not a 'Court' in the technical sense but a Tribunal of special jurisdiction. Feeling aggrieved the respondent landlord filed an appeal against that order before the learned…

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