1995 MLD 974 LAHORE-HIGH-COURT-LAHORE

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MUHAMMAD IQBAL SHAFI VS PERVAIZ ALAMGIR SHAIKH Cantonments Rent Restriction Act 1963--17 , Cantonments Rent Restriction Act 1963 ----S. 17---Constitution of Pakistan (1973), Art. 199---Constitutional petition--Execution of eviction order---Petitioner, who had purchased 1/2 share of premises and had got possession thereof, with the collusion of tenant (after order of ejectment had been passed against tenant) contended that he having become owner in premises could not be proceeded against under provisions of West Pakistan Urban Rent Restriction Ordinance, 1959---Alleged sale transaction of a certain share had taken place during pendency of ejectment application---Rent Controller who was exercising limited jurisdiction, could not adjudicate upon ownership rights of parties---Contention of petitioner was repelled with observation that he was at liberty to seek his remedy in Civil Court.