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1983 CLC 325 LAHORE-HIGH-COURT-LAHORE

Punjab · 1983

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PROVINCE OF THE PUNJAB VS FAZAL KARIM, DISTRICT JUDGE, FAISALABAD Martial Law Regulation 1972 No. 118--RGLN. , West Pakistan Urban Rent Restriction Ordinance 1959--13 , - Read with West Pakistan Urban Rent Restriction Ordinance (VI of 1959), S. 13-eviction of tenant-Applicability of Ordinance Provisions of M. L. R. 118, being an exception to general law to be construed strictly-Unjust intention that while improving lot of teachers of privately managed schools and colleges and their management, owners of property having no connection whatsoever with their management stand deprived of their proprietary rights, held, cannot be imputed to Legislature-Nationalised educational institutions-Not exempted from Ordinance and its management liable to eviction under Ordinance-Mere management of such institutions became vested in Government-Management of educational institution in dispute vesting in Government in consequence of M. L. R. 118 but such institution never owned by persons in charge of its management and property admittedly owned by predecessors-in-interest of respondents-landlords, such persons, held further, proprietors of property in dispute and competent to sue for ejectment of petitioner in terms of Ordinance VI of 1959.