1985 SCMR 344 SUPREME-COURT

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S. M. MOHSAN ZAIDI VS GAUHAR ALI Constitution of Pakistan 1973--185 , Ejectment--TERM , ---Art.185(3)--West Pakistan Urban Rent Restriction Ordinance (VI of 1959), S.13--Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), S.30--Ejectment--Leave to appeal granted to examine contention that in view of admitted position that property was allotted to father of appellant, on his death rights legally devolved upon all his heirs including appellant, who thereupon became statutory tenant in property by virtue of S.30, Displaced Persons (Compensation and Rehabilitation) Act, 1958, and therefore eviction order passed in proceedings in which he was not made party was not binding on him and that in these circumstances Courts below had erred in rejecting his objection and had failed to exercise jurisdiction lawfully vested in them.