Law:

Section:

Sindh Rented Premises Ordinance (XVII of 1979) --------- ----------Ss. 16 (1), 15 & 21(1) --------- -Constitution of Pakistan, Art. 199 --------- Constitutional petition --------- Maintainability --------- Eviction petition --------- Application for arrears of rent, dismissal of --------- Remedy --------- Appeal against interim order --------- Permissibility --------- Rent Controller dismissed application filed under S. 16(1) of Sindh Rented Premises Ordinance, 1979, on ground that relationship of landlord and tenant had been denied which required recording of evidence --------- Validity --------- Under S. 21(1) of Sindh Rented Premises Ordinance, 1979, Legislature had specifically prohibited filing of appeal against interim order, and the same was, therefore, not challengeable --------- Interim order would merge in final verdict, which, then, would be appealable --------- Object of Legislature would be frustrated by exercise of constitutional jurisdiction against impugned order passed by Rent Controller, whereby he dismissed the application holding that disputed question as to relationship of landlord and tenant existed, was interim in nature, and the same was not a question of exercise of jurisdiction in excess, for invoking constitutional jurisdiction --------- Tenant would have adequate remedy to challenge impugned order in appeal against final order --------- Constitutional petition, being not maintainable, was dismissed in circumstances. Mrs. Durre Shamim Rafi v. Muhammad Zubair Khan and another 2013 CLC 1021; Muhammad Aslam v. Pakistan Steel and another 1990 CLC 849 and Hukum Khan v. Pakistan Steel and another 1989 MLD 4436 distinguished. Agha Wasif Abbas v. Muzaffar Ali Isani and another 2008 MLD 1229; Habib Bank AG Zurich and another v. Nazir Ahmed Vaid and another 2011 CLC 648 and Muhammad Nadeem v. Nasimuddin and another 2007 CLC 1956 ref. Mrs. Syeda Tahira Mubashar v. Mst. Zakia Khan and another 2007 CLC 1961 and Abdul Farooq and another v. Maqsood Ahmed and another 2015 CLC 663 ref. THIS ORDER PASSED BY: ABDUL RASOOL MEMON, JUSTICE:---------- This order will dispose of the above titled constitutional petition filed by the petitioner under…

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