MAULVI ANWARUL HAQ, J. -- The appellant, a Banking Company, filed a petition for- ejectment of the respondent from a shop located in Lahore Cantt. The respondent contested the petition inter alia objecting that the Cantonment Rent Restrictions Act, 1964 is not applicable to the shop in question. The objection found favour with the learned Rent Controller, Lahore Cantt. who dismissed the application vide order dated 24.4.1999 holding that since the appellant Bank is a nationalized Bank and as such the shop is controlled by the Federal Government and since the application has been filed without the authority of the Federal Government, the same is incompetent.
2. Learned counsel for the appellant argues that the learned Rent Controller has failed to read the provisions of Section 3-A of the Cantonment Rent Restrictions Act, 1964 as also of Sections 5 and 16 of the Banks (Nationalization) Act, 1974 while passing the impugned order. Relies on the case of Badruddin H. Mavani Vs. Messrs Commerce Bank Ltd. (PLD 1975 Karachi 182) and Inayatullah Narejo Vs. Pakistan and 7 others (1988 CLC 1446) to urge that the nationalisation of a Bank does not at all affect its statutes as Body Corporate. The respondent has been served and is represented by Mr. A.
Hamid Kausar, Advocate .whose name duly stands published in the cause list for today. However, no one has turned up for the respondent despite calls. He is proceeded against ex-parte.
3. There cannot possibly be any denial that the appellant Bank is a Company incorporated under the laws of Pakistan. Section 5 of the Banks (Nationalization) Act, 1974 clearly lays down that the provisions of the said Act and the vesting of the shares of the Banks in the Federal Government thereunder shall not in any way affect the status of the Bank as Body Corporate under the Companies Act, 1913. (now Companies Ordinance, 1984).. 'Similarly, Section 16 of the said Act of 1974 also leaves no manner of doubt that the nationalised Banks continue to exist as legal entities independent of the Federal Government. Needless to state that the appellant being a Body Corporate is fully authorised to hold and dispose of property and to deal with the same in the manner prescribed by law. Reference be made to the case of Darab Shah B. Dalai Vs. Messrs Muslim Commercial Bank Ltd. (PLD 1977 SC 457),
4. I, therefore, do find that the learned Rent Controller has committed an error of law while dismissing the application for reasons stated in his impugned order. This F.A.O. accordingly is allowed and the impugned order dated 24.4.1999 of the Rent Controller,' Lahore Cantt. is set aside without any orders as to costs'. The result would be that the ejectment petition filed by the appellant Bank shall be deemed to be pending before the Rent Controller, Lahore Cantt. where it shall appear on 20.2.2002. The Rent Controller shall requisition the records and summon the respondent and proceed further in the matter in accordance with law.