| Citation(s) |
|---|
| 2014 SLG 1607 2014 SLD 1607 2014 CLC 1372 |
Sindh High Court
Constitutional Petition No.S-673 of 2014, decision dated: 30-05-2014.
NAZAR AKBAR, J
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Constitutional Petition No.S-673 of 2014, decision dated: 30-05-2014.
NAZAR AKBAR, J
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TANVEER AHMED SHAH
VS
RENT CONTROLLER, FAISAL CANTT., KARACHI and another
Law:
Section:
Cantonments Rent Restriction Act (XI of 1963)------S. 17---Constitution of Pakistan, Art. 199---Constitutional petition---Non-filing of copy of impugned order---Effect---Ejectment of tenant---Interim order, remedy against---Scope---Impugned orders had not been filed by the petitioner with the Constitutional petition, Court without examining the same could not set aside the order nor maintainability of constitutional petition could be determined---Illegality/irregularity committed by the Trial Court would provide good grounds to the petitioner to strike the final order in appeal---Authenticity of documents could be determined in the light of evidence produced by the parties---Rent Controller was supposed to formulate "points for determinations/issues" after recording of evidence and hearing the parties in the ---Petitioner could capitalize irregularities committed in the proceedings in the appeal against the final order---No remedy had been provided against any interim order passed under the Cantonments Rent Restriction Act, 1963---Petitioner had misused the authority of High Court to delay the proceedings of the case---Constitutional petition was dismissed with cost of Rs.10,000 and Rent Controller was directed to decide the matter within a period of four months. Niaz Khalil v. Muhammad Shafiq 1995 SCMR 791 and Mst. Shagufta Shaheen v. Muhammad Ismail Qureshi PLD 2011 Pesh. 238 ref. Niaz Khalil v. Muhammad Shafiq 1995 SCMR 791 and Mst. Shagufta Shaheen v. Muhammad Ismail Qureshi PLD 2011 Pesh. 238 distinguished. Nazakat Ali Tanwari for Petitioner. Nemo for Respondents. Date of hearing: 20th May, 2014. ORDER NAZAR AKBAR, J.--- Pursuant to the order dated 20-5-2014 the learned counsel for the petitioner has filed written arguments and a statement at bar at his own. 1. Briefly stated this petition is arising out of the proceedings in Rent Case No.19 of 20010 pending before the Rent Controller, Faisal Cantonment, Karachi and the petitioner has sought the following reliefs:--- (i) Call Record and Papers of Rent Case No.19 of 2010 from the Rent Controller Faisal Cantonment/respondent No.1. Declare that the proceedings before respondent No.1 and examine it that "how…
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