Case Details

Citation(s)
2017 SLG 2475 2017 SLD 2475 2017 YLR 1916
Sindh High Court
Constitutional Petition No. S-1250 of 2016, decision Dated: 23-12-2016. Hearing Date : 23-11- 2016.
2016, MUHAMMAD SALEEM, JESSAR, JUSTICE

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DAWOOD BALOCH

VS

MUHAMMAD SALEEM THROUGH ATTORNEY AND 2 OTHERS

Law:

Section:

(a) Cantonments Rent Restriction Act (XI of 1963)--- ----Ss. 17, 5 & 24---Civil Procedure Code (V of 1908), S. 151---Specific Relief Act (I of 1877), Ss. 12 & 56---Ejectment of tenant---Interim order---Suit for specific performance of contract---Status quo order---Seeking stay of ejectment proceedings on the basis of status quo order passed in the civil suit---Expression "other legal proceedings" contained in S.24 of Cantonments Rent Restriction Act, 1963---Scope---Tenant moved petition for stay of eviction proceedings on the basis of status quo order passed in the suit filed by him---Rent Controller dismissed the application to stop ejectment proceedings---Validity---Cantonments Rent Restriction Act, 1963 had been given over-riding effect upon "anything inconsistent in any other law for the time being in force"---Remedy of an appeal against an order of Rent Controller had been provided but it did not include 'an interim order'---Constitutional petition would be included in term 'legal proceedings'---Section 151 of Civil Procedure Code, 1908 was not applicable in the proceedings under Cantonments Rent Restriction Act, 1963---Proceedings before Rent Controller were an independent proceedings which were controlled by the special law while proceedings before a civil Court were altogether different from the proceedings before Rent Controller---Filing of civil suit before or after proceedings before Rent Controller should not prejudice the competence of such independent legal 'forums'---Rent Controller was not subordinate to civil court---Civil court could not pass an order of staying the judicial proceedings pending before the Rent Controller---Proceedings before Rent Controller could not be said to be 'without due course of law or illegal'---Status quo order passed in the civil suit was not helpful to seek stay of proceedings before the Rent Controller---Tenant had not brought true fact (s) before the civil Court that he was seeking injunction for a purpose to defeat or delay a 'specific lawful proceedings' pending before a 'lawful forum'---Tenant could not use or exploite the injunction order for the purpose which was never brought to light---Injunction…
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