| Citation(s) |
|---|
| 2018 SLG 57 2018 SLD 57 2018 PLJ 218 |
Lahore High Court
Writ Petition No. 11336 of 2015, decided on 3.5.2017. Date of hearing: 3.5.2017.
ABDUL RAHMAN AURANGZEB, JUSTICE
Mr. Muhammad Ashraf Tasneem and Khalil-ur-Rehman Mayo, Advocates for Petitioner. Mr. Nafees Ahmad Ansari, Advocate for
Respondent No. 2.
Writ Petition No. 11336 of 2015, decided on 3.5.2017. Date of hearing: 3.5.2017.
ABDUL RAHMAN AURANGZEB, JUSTICE
Mr. Muhammad Ashraf Tasneem and Khalil-ur-Rehman Mayo, Advocates for Petitioner. Mr. Nafees Ahmad Ansari, Advocate for
Respondent No. 2.
TARIQ SIDDIQUE
VS
ADDL. RENT CONTROLLER, ETC.
Law:
Section:
Urban Rent Restriction Ordinance, 1959 (VI of 1959)-- ----R. 13.1(2)--Ejectment Petition--Application for impleading as party--Allowed--Application for deposit of monthly rent--Dismissed--Registered sale-deed--Validity of ownership--Suit for declaration--Concurrently dismissed--Challenge to--When order having left no remedy, and order effecting right of petitioner directly then invocation against interlocutory order is not precluded--Nature of order passed in circumstances is vividly clear that status of an alien person has been determined as owner by Additional Rent Controller who has no locus standi with rented premises even then he was impleadedin lis--Opinion of Additional Rent Controller reflects that he is fully aware about status of agreement to sell with could not confer any right, but when order dated 15.2.2016 was passed by same Rent Controller, he kept his eyes closed with this aspect of case and it seems that impugned order was passed without adverting even to legal ethics, therefore, an order which is patently illegal is not sustainable--Respondent No. 2 was allowed to implead inejectment petition, myth of general laws as well as special law have been violated by impleading an alien person who has no locus standi with regard to rented premises--In this way a grave injustice has been caused--Petition allowed. JUDGMENT Through this single order, I intend to decide the instant writ petition as well as connected Writ Petitions No. 11334 of 2015 and No. 11335 of 2015 as same nature of orders have been assailed in all these three writ petitions. 2. These writ petitions are directed against the orders passed by the learned Additional Rent Controller, Multan, dated 15.02.2013 and 10.06.2013 whereby two miscellaneous applications, one filed by Respondent No. 2 for impleading him as party in the ejectment petition, was allowed, whereas the other application filed by the petitioner for the deposit of monthly rent in the Court by Respondent No. 3/tenant, was dismissed. 3. Learned counsel for the petitioner has contended that the order passed on the application for impleading of Respondent No. 2 as party is against law and facts and the same is liable to be…
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