Law:

Section:

(a) Sindh Rented Premises Ordinance (XVII of 1979)--- ----Ss. 20 (c) & 8---Constitution of Pakistan, Art. 199---Constitutional jurisdiction of High Court---Scope---Interlocutory order---Invocation of constitutional jurisdiction---Scope---Availability of adequate and alternate remedy---Effect---Fixation of fair rent---Inspection of demised premises and adjacent shops by the local commissioner---Scope---Landlord filed application for inspection of site and the adjacent shops and for finding out their rent---Rent Controller accepted the said application and appointed Nazir of District Court as local commissioner---Contention of tenant was that Rent Controller had to inspect the site in person but such power could not be delegated to any other person/officer---Validity---Rent Controller and Appellate Authority had been only authorized to inspect the site and not anybody else---No prayer was made on behalf of landlord for appointment of commissioner to inspect the shops etc.---Rent Controller could adopt any procedure which was legal and not a procedure which was in contravention of law---Rent Controller committed jurisdictional mistake with regard to delegation of powers of inspection to the Nazir of District Court which was not permissible under the law and he directed the commissioner to inspect the adjoining shops/premises as well---Rent Controller had exceeded his limits and his order was void and illegal which was passed without jurisdiction---No power had been given to Rent Controller or the Appellate Authority to delegate their powers of inspection to any other person under S.20(c) of Sindh Rented Premises Ordinance, 1979---If report of commissioner was considered by the Rent Controller then same would be an exercise in futility as same was without jurisdiction having no legal effect---Public functionaries discharging their functions under a statute providing a procedure for doing a thing in a particular manner were required to do such function in such manner or not to do at all---Case was to be decided on the basis of evidence produced by the parties---Report of commissioner could not be a substitute for the evidence produced by the parties as…

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