| Case ID |
0f853e63-95fc-40cd-aef8-5484c6078b18 |
| Body |
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| Case Number |
Writ Petition No. 1854 and Civil Miscellaneous No. |
| Decision Date |
Feb 16, 2000 |
| Hearing Date |
|
| Decision |
The High Court dismissed the writ petition filed by Ghulam Zakria Qureshi, the tenant, against the interlocutory order of the Rent Controller. The court clarified that according to Section 15 of the West Pakistan Urban Rent Restriction Ordinance, 1959, no interlocutory order by the Rent Controller could be challenged in an appeal. The court also noted that the petitioner could seek remedy through a regular appeal after the final order is passed by the Rent Controller. The court held that since the remedy was still available to the petitioner, it refused to exercise its constitutional jurisdiction. |
| Summary |
This case revolves around the application filed by Ghulam Zakria Qureshi, a tenant, in response to ejectment proceedings initiated by Khawaja Ghulam Murtaza Lone, the landlord. The petitioner sought the appointment of a Local Commissioner to verify the serial number of his shop, which was disputed in the ejectment proceedings. The Rent Controller and the Additional District Judge disallowed the application, citing that interlocutory orders of the Rent Controller are not appealable under Section 15 of the Urban Rent Restriction Ordinance. The High Court upheld this decision, emphasizing that the remedy of appeal was available to the petitioner against the final order of the Rent Controller. The decision reinforces the principle that certain orders in rent proceedings are not subject to revision or appeal under the Civil Procedure Code, thereby maintaining the integrity of the rent control system. This case highlights the procedural intricacies of rent law and the limitations of judicial review in interlocutory matters. |
| Court |
Peshawar High Court
|
| Entities Involved |
Not available
|
| Judges |
SARDAR MUHAMMAD RAZA KHAN,
MALIK HAMID SAEED
|
| Lawyers |
Haji Muhammad Zahir Shah
|
| Petitioners |
GHULAM ZAKRIA QURESHI
|
| Respondents |
2 others,
Khawaja GHULAM MURTAZA LONE
|
| Citations |
2000 SLD 341,
2000 PLD 47
|
| Other Citations |
Not available
|
| Laws Involved |
West Pakistan Urban Rent Restriction Ordinance,
Constitution of Pakistan, 1973,
Civil Procedure Code
|
| Sections |
15,
109,
115
|