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RAHIM ULLAH vs Mst — 2024 CLC 1966 PESHAWAR-HIGH-COURT

Case information

Citation
2024 CLC 1966 PESHAWAR-HIGH-COURT
Court
Peshawar High Court
Year
2024
Reporter
CLC
Parties
RAHIM ULLAH vs Mst
Subject matter
Civil
Provisions referred to
S. 4---C; Civil Procedure Code (V of 1908)

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

RAHIM ULLAH VS Mst. YASMEEN BIBI S.4---Constitution of Pakistan, Art.199---Civil Procedure Code (V of 1908), O.XLI, R.22---Enhanced rent, determination of---Jurisdiction of High Court---Scope---Ejectment ordered by courts below concurrently---Claim of the landladies was for payment of rent at the enhanced rate---Validity---Order of the Rent Controller and that of the Appellate Court though had been passed in favour of landladies but without any increase and they had not assailed it before the Appellate Court either through direct appeal or cross objection in terms of O.XLI, R.22, C.P.C, thus, while sitting in writ jurisdiction such prayer of the landladies was not maintainable for determination of the enhanced rent---High Court turned down the claim of the landladies accordingly.

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