2003 YLR 1245 LAHORE-HIGH-COURT-LAHORE

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HABIB MASIH VS ADDITIONAL DISTRICT JUDGE, LAHORE Cantonments Rent Restriction Act 1963--17 , Constitution of Pakistan 1973--199 , West Pakistan Urban Rent Restriction Ordinance 1959--13 , ----S. 13---Cantonments Rent Restriction Act (XI of 1963), S.17---Constitution of Pakistan (1973), Art. 199---Constitutional petition--Ejectment proceedings---Premises situated in cantonment area---Plea of jurisdiction, raising of---Property was situated within the cantonment limits but ejectment proceedings were initiated under West Pakistan Urban Rent Restriction Ordinance, 1959---Ejectment petition was dismissed by the Rent Controller while the Appellate Court allowed the appeal and eviction order was passed against the tenant---Plea of jurisdiction was raised by tenant first time before the High Court in Constitutional petition---Validity---Property was situated within cantonment limits to which Cantonments Rent Restriction Act, 1963, was applicable and the Rent Controller Cantonment Board could only exercise jurisdiction under the law---Point of jurisdiction was not dependent upon any question of fact and could be allowed to be raised and entertained for the first time by High Court in Constitutional jurisdiction--Jurisdiction exercised by Rent Controller and Appellate Court under West Pakistan Urban Rent Restriction Ordinance, 1959; had no legal efficacy---Adjudication of the ejectment petition by the Rent Controller or Appellate Court did not stand on better footing than that of a forum without jurisdiction which had no legal effect---Assumption of jurisdiction in the matter was unwarranted by law and the ejectment petition filed by the landlord being incompetent before the Senior Civil Judge/Rent Controller, was returned for presentation before the proper forum for its adjudication in accordance with law.