2003 YLR 1618 LAHORE-HIGH-COURT-LAHORE

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ASGHAR ALI VS ADDITIONAL DISTRICT JUDGE, FEROZEWALA Constitution of Pakistan 1973--199 , West Pakistan Urban Rent Restriction Ordinance 1959--1 , West Pakistan Urban Rent Restriction Ordinance 1959--2 , ----Ss.1(2), 2(j) & 13(1)---Civil Procedure Code (V of 1908), S.9---Notification SOV(LG) 5-15/95 (SKP), dated 13-12-1997--¬Constitution of Pakistan (1973), Art. 199--¬Constitutional petition---eviction of tenant--¬Jurisdiction of Civil Court---Suit for eviction of tenant from shop was filed in Civil Court on 7-4-1997---Disputed shop was included in area of Town Committee w.e.f. 13-12-1997--¬Trial Court dismissed tenant's application seeking dismissal of suit due to lack of jurisdiction, but Revisional Court accepted the same and dismissed the suit ---Validity--¬Civil Court had jurisdiction on date of institution of suit, which would continue to have jurisdiction, unless expressly barred-¬No provision existed in the Ordinance, whereby a pending case of ejectment would stand transferred to the Rent Controller-¬Right to sue, although inchoate, was a valuable right---Provisions of S.13 of the West Pakistan Urban Rent Restriction Ordinance, 1959, giving exclusive jurisdiction to Rent Controller could not be applied retrospectively as same would result in manifest inconvenience, injustice and would bring about multiplicity of litigation--¬High Court accepted Constitutional petition and set aside impugned order, resultantly suit would be deemed to be pending before Civil Court to be decided in accordance with law.