Law:

Section:

Cantonments Rent Restriction Act (XI of 1963)--- ---S. 17---Constitution of Pakistan, Art. 199---Constitutional petition---Ejectment of tenant---Adjournment of ejectment application sine die due to pendency of civil litigation---Scope---Question of title---Application for restoration of ejectment petition was dismissed by the Rent Controller---Validity---Neither the parties nor their counsel were present in the court when Rent Controller rendered the impugned order---No civil litigation was pending between the tenant and landlord---Question of title was irrelevant in the matter of ejectment proceedings---Rent Controller had committed an error by adjourning the case sine die on the ground that there was civil litigation with regard to the suit premises---Impugned orders were set aside and eviction petition was restored---Constitutional petition was accepted in circumstances. Anwar Khan v. Abdul Munaf 2004 SCMR 126; Amin and others v. Hafiz Ghulam Muhammad and others PLD 2006 SC 549 and Muhammad Daud v. Mst. Surriya Iqbal and another PLD 2000 Pesh. 54 rel. THIS JUDGMENT DELIVERED BY: SYED AFSAR SHAH, JUSTICE:---.--- Through the instant writ petition under Article 199 of the Constitution of the Islamic Republic of Pakistan, 1973, Rifat Ullah Jan, the petitioner has made a prayer that:-- "On acceptance of instant petition impugned orders dated 7-7-2008, 20-3-2010 and 4-5-2011 be declared illegal, void ab-initio, against law and natural justice and subsequently case be remanded back with directions to respondent No. 2 to proceed with the case and decide the same on merits after giving both parties opportunity to adduce pro and contra evidence". 2. The facts leading to the filing of the instant petition are that on 19-5-2007, Rifat Ullah Jan, the petitioner filed a petition for ejectment of the respondent Bashir Zada from a shop bearing No. 2 situated in Sarwar Plaza Khyber Bazar, Peshawar under section 17 of the Cantonments Rent Restriction Act, 1963 mainly on the ground of default in payment of rent. When put on notice by the learned Rent Controller, it was on 6-11-2007 when the respondent put his appearance and accordingly the case was fixed for submission of…

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