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Petitioner: NAIK ALAM VS Respondent: DISTRICT JUDGE, FAISALABAD AND OTHERS
Court Name: Supreme Court of Pakistan Judge(s): Nasim Hasan Shah, Aslam Riaz Hussain Title: NAIK ALAM vs DISTRICT JUDGE, FAISALABAD AND OTHERS Case No.: Civil Petition No, 427 of 1984 Writ Petition No, 3240/1982 Date of Judgment:1984-05-19 Reported As: 1984 SCMR 1168 Result: Leave granted
Judgment ORDER ' NASIM IIAS-AN SHAH, J.-A learned Single Judge of the Lahore High Court has, in this case, expressed the view that under section 17 (as amended) of the Rent Restriction Ordinance, the Rent Controller, while executing the order of eviction, does not have the jurisdiction to entertain an objection petition, which is possessed by the ordinary executing Court. The learned counsel for the petitioner submits that the view taken by the learned Judge in the High Court, in this case, is at variance with the view taken of the same question by another learned Judge of the same Court in the case of Malik Muhammad Shafi v. Muhammad Saleem (1). (1) PLD 1982 Lab. 702 ' As a conflict of view exists on the same question in the High Court we would grant leave to appeal to settle it authoritatively. ' Security Rs, 1,000. ' The appeal shall be made ready on the present record, with liberty to the parties to add further documents, if any. ' The respondents are restrained from alienating the property in dispute meanwhile.