Law: Cantonments Rent Restriction Act, 1963

Section: 17,24

Cantonments Rent Restriction Act (XI of 1963)--- ----Ss.17 & 24---Eviction of tenant---Tentative rent, determination of---Interim order---Maintainability---Scope---Tenant assailed order as to the deposit of future rent and arrears of rent pending disposal of the ejectment petition---Validity---Section 24 of Cantonments Rent Restriction Act, 1963, provided for an appeal against the order of the Rent Controller within 30 days but it specifically excluded interim orders from the category of orders which were appealable---Cantonments Rent Restriction Act, 1963, did not provide any appeal against an interim order---Constitutional jurisdiction could not be invoked in aid of injustice or to deflect express provisions of the statutory law and that where the legislature in its wisdom did not permit the filing of appeal against interim orders, the constitutional jurisdiction could not be invoked to circumvent the intent of legislature---Impugned order was challenged after about two years and there was no explanation for such a long inaction on the petitioner's part --- Constitutional petition was dismissed. Mian Manzar Bashir and others v. M.A. Asqhar & Co. PLD 1978 SC 185; Mumtaz Hussain alias Bhutta v. Chief Administrator of Auqaf, Punjab, Lahore and another 1976 SCMR 450; Mst. Seema Begum v. Muhammad Ishaq and others PLD 2009 SC 45; Muhammad Saeed v. Mst. Saratul Fatima and another PLD 1978 Lah. 1459 rel. ORDER RASAAL HASAN SYED, JUSTICE:---.--- Order dated 26.10.2017 fixing tentative rent and issuing direction for the deposit of arrears of rent has been assailed in this Constitutional petition. 2. Petitioner claims that his father was in occupation of Shop No. 474, Sadar Bazar, Multan Cantt, as a tenant under respondents Nos.2 and 3 since November 1981, in pursuance of agreement dated 30.10.1981; rent initially agreed was Rs.2,000/- per month; father of the petitioner allegedly died in the year 2009 and after his death, the petitioner claims to be in occupation as tenant by operation of law; no period was fixed for periodical enhancement of the monthly rent and that the parties with mutual consent allegedly used to enhance the rent as per prevailing market…

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