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1991 CLC 1703

RASHIDA BEGUM and others vs CHIRAGH DIN

Citation1991 CLC 1703
CourtLahore High Court
Case No.Second Appeal from Order No,23 of 1990
Date1991-05-06
Judge(s)Malik Muhammad Qayyum
ResultAppeal dismissed

The learned counsel for the respondent has raised a preliminary objection that this second appeal, which has been filed under Section 15(6) of the Punjab Urban Rent Restriction Ordinance, 1959, as amended by Punjab Urban Rent Restriction (Amendment) Ordinance, 1990, is not competent as the A ejectment petition out of which this appeal has arisen was filed on 15th October, 1984, at which time, there was no right to second appeal. This objection of the learned counsel is well founded and found support from the judgment of this Court in SAO No, 13/90, decided on 12th March, 1991.

Faced with this situation, the learned counsel for the appellant requests that this appeal may be allowed to be converted into Constitutional petition.

2. The request made by the learned counsel for the appellant cannot be granted as the two jurisdictions, namely, the appellate and the Constitutional are absolutely different. Furthermore, the appeal, is not accompanied by the documents, which are required to be filed along with a Constitutional petition. The appellants may, in these circumstances, file a separate Constitutional petition, if so advised. The documents attached with this appeal, may be returned to the learned counsel.

' As a result of what has been said above, this appeal is dismissed, with no orders as to costs. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.

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