2007 PLP 1015 (MLD)
RIAZ AHMED — Petitioner Versus RENT CONTROLLER, MULTAN and another-Respondents
| Citation | 2007 PLP 1015 (MLD) |
| Forum / Court | Lahore |
| Bench Members | N/A |
| Parties | RIAZ AHMED — Petitioner Versus RENT CONTROLLER, MULTAN and another-Respondents |
| Primary Law | West Pakistan Urban Rent Restriction Ordinance (VI of 1959) |
Q1: What are the key laws and sections cited in 2007 PLP 1015 (MLD)?
This judgment primarily cites: West Pakistan Urban Rent Restriction Ordinance (VI of 1959) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2007 PLP 1015 (MLD)?
The case was heard and decided by the Lahore bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2007 PLP 1015 (MLD) (RIAZ AHMED — Petitioner Versus RENT CONTROLLER, MULTAN and another-Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Sh. Abdul Samad for Petitioner.
- Zafarullah Khan Khakwani, A.A.-G. and Mr. Sagheer Ahmad Bhatti for Respondents.
Headnotes / Summary
S.13
Constitution of Pakistan (1973), Art. 199
Constitutional petition
On filing ejectment petition by respondent against petitioner, evidence of parties was recorded
Respondent filed application thereafter seeking permission to produce certified copies of some judicial record, which was allowed by Rent Controller
Petitioner had filed constitutional petition against order of Rent Controller
Respondent, in fact, wanted to demonstrate that when a sum of Rs.2,00,000 by way of advance rent was stated to have been paid to him, he was in jail
Petitioner's own case was that when amount was paid, respondent was in jail, that being so, no prejudice, in any manner, had been caused to petitioner by said order
Even otherwise impugned order being interim order, same could not be brought under attack in constitutional jurisdiction of High Court
Constitutional petition was dismissed.
Judgment & Decree
MAULVI ANWARUL HAQ, J.
In an ejectment petition filed by Respondent No.2 against the petitioner and pending in the Court of learned Rent Controller Multan, evidence of the parties was recorded. The respondent filed an application to produce certified copies of some judicial records. This has been allowed by the learned Rent Controller vide order, dated 7-10-2005.
2. Learned counsel for the petitioner contends that since the evidence of the parties had been recorded, respondent could not have been allowed to produce the said evidence in rebuttal. Learned counsel for the respondent objects to the maintainability of the writ petition on the ground that the order is an interim procedural order.
3. Learned A.A.-G. has drawn my attention to the case "Syed Saghir Ahmad Naqvi v. Province of Sindh through Chief Secretary" (1996 SCMR 165), to point out that since under the Statute i.e. Punjab Urban Rent Restriction Ordinance, 1959, an appeal against an interim order is barred such orders cannot be brought under attack in constitutional jurisdiction and concerned party should wait till passing of a final order and then to attack it before a competent forum.
4. I have gone through the copies of the records. Now I find that the respondent in fact wants to demonstrate that when a sum of Rs.200000 by way of advance rent, is stated to have been paid to him, he was in jail. I further find that it is the petitioner's own case that the respondent was in jail when the amount was paid. This being so no prejudice, in any case, has been caused to the petitioner by the said order and further I do agree with the learned A.A.-G. that this petition is not competent in view of said dictum of Hon'ble Supreme Court of Pakistan. Reference be also made to the case of "Abdul Rehman v. Haji Mir Ahmad Khan and others" (PLD 1983 SC 21).
5. Writ Petition accordingly is dismissed without any orders as to costs. H.B.T./R-11/L Petition dismissed.