Law:

Section:

(a) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)--- ----S. 13---Constitution of Pakistan, Art.199--- Constitutional petition---Ejectment petition---Proceedings before Rent Controller---Object and nature---Recording of evidence in ejectment proceedings---Procedure---Guidelines for quick decision of the rent cases---Rent cases were of urgent nature, which required speedy disposal---Proceedings before the Rent Controller were not, in the strict sense judicial, that the evidence should be recorded in the same manner as in a civil suit, whereas the Rent Controller being persona designata was required to satisfy himself about the ground in the ejectment petition---Evidence in ejectment cases should be ordered in the shape of affidavit, without summoning the witnesses by the Rent Controller---Party was duty bound to produce the witnesses for cross-examination, only. Khadim Mohy ud Din v. Ch. Rehmat Ali PLD 1965 SC 459 and Barkat Ali v. Muhammad Ehsan 2000 SCMR 556 rel. (b) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)--- ----S. 13--- Constitution of Pakistan, Art. 199--- Constitutional petition---Maintainability---Ejectment petition---Interlocutory order---Application filed by tenant for stay of ejectment proceedings was dismissed by Rent Controller---Petitioner assailed the interlocutory order of Rent Controller before High Court in its Constitution jurisdiction---Validity---When a statute did not provide an appeal against an interlocutory order, then the same could also not be challenged by way of constitutional petition, as it would amount to negating the provision of statute---Proper course for a party, in the circumstances, would be to wait for the final decision and then file appeal against the same, wherein it could also impugn the interlocutory order---Constitutional petition was dismissed. Syed Saghir Ahmad Naqvi v. Province of Sindh through Chief Secretary S&GAD Karachi and another 1996 SCMR 1165 and Muhammad Iftikhar Mohmand v. Javed Muhammad and 3 others 1998 SCMR 328 rel. ORDER ROOH-UL-AMIN KHAN, J.---By way of instant petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, the petitioners…

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