Mst. MUMTAZ BEGUM And Another vs Mst. YAQOOT BEGUM And Another
Mst. Mumtaz Begum and another filed a petition for leave to appeal against the judgment and order of the Peshawar High Court dated 30-4-1995, which dismissed their revision petition and upheld the appellate judgment of the District Judge, Kohat, decreeing the ejectment suit and recovery of arrears of rent filed by respondent Mst. Yaqoot Begum. The core legal question before the Supreme Court was whether the civil court had jurisdiction to adjudicate an ejectment suit regarding a shop situated within Kohat city, which the petitioners contended was governed by rent restriction laws rather than the civil court. The Supreme Court granted leave to appeal, holding that the contention raised regarding the bar of jurisdiction of the civil court and the applicability of rent restriction laws required detailed consideration by the Court. The key principle laid down is that where property is situated within an area governed by specific rent restriction laws, the jurisdictional competency of civil courts to entertain ejectment proceedings requires substantive judicial scrutiny.
- Does a civil court have jurisdiction to adjudicate an ejectment suit regarding a shop governed by rent restriction laws?
- Whether the High Court erred in dismissing the revision petition against the judgment of the District Judge?
- Are commercial properties situated within Kohat city exclusively subject to rent restriction legislation?
ORDER
MIR HAZAR KHAN KHOSO, J.---On 11-1-1989 respondent Mst. Yaqoot Begum filed suit for ejectment of the petitioners from the shop in question in the Court of the Senior Civil Judge, Kohat. The suit was contested by them. However, on 30-5-1993 he dismissed her suit. She filed appeal before the District Judge, Kohat. On 6-12-1994 the learned District Judge accepted her appeal and held that the respondent was also entitled to the recovery of Rs.13075 as arrears of rent at the rate of Rs.85 per month from February, 1987 till date. The petitioners filed revision petition before the Peshawar High Court, Peshawar, who on 30-4-1995 dismissed the same. The petitioners have come before this Court and sought for leave to appeal.
2. Mr. Muhammad Munir Peracha, the learned counsel for the petitioners inter alia contended that the shop being situated within Kohat city was governed by the Rent Restrictions laws. The Civil Court had no jurisdiction to adjudicate upon it. The contention raised needs consideration of this Court. Leave to appeal is granted accordingly.