Law: N. W. F. P. House Rent Control Act (XV of 1946)

Section: 2 (a), 7

P L D 1957 (W. P.) Peshawar 57       N. W. F. P. House Rent Control Act (XV of 1946),   Ss. 2 (a) & 7---"Controller" and "Appellate Authority"----Not "Courts" but persona grata-Orders of, not revisable by High Court-N: W F. P. Courts Regulation (I of 1931), S. 34.   Neither the Controller appointed under section 2 (a), N. W. F. P. House Rent Control Act (XV of 1946) nor the Senior Sub-Judge acting as an Appellate Authority under section 7 of the Act, is a "Court"; each is persona designate and consequently, the High Court has no jurisdiction to call for the records, of those authorities and exercise revisional powers under section 34, N. W F. P. Courts Regulation (I of 1931).   The Corporation of the City of Lahore v. Mst. Fahmida Begam P L D 1952 Lah. 258 rel. Tohur Sheik v. Manoranjun A I R 1947 Cal. 266 and Saifuro Bibi v. Isob Bepori A I R 1947 Cal. 403 ref.   JUDGMENT   MUHAMMAD SHAFI, J.---On the 19th of October 1951, Mian Feroz Shah of Nowshera Kalan, made an application under section 3 of the North-West Frontier Province House Rent Control (Act XV of 1946) (hereinafter called the "Act"), for the ejectment of Sultan Muhammad Khan, an Advocate of Peshawar, from a bungalow situated outside Ramdass Gate, Peshawar City. This application was heard and eventually dismissed by Abdullah Jan Mirza, Sub-Judge, First Class, Peshawar, who had also been appointed in addition to his own duties a Controller under section 2, subsection (a) of the Act. An appeal against that order was preferred to the Senior Sub-Judge, Peshawar, in his capacity as an Appellate Authority under section 7 of the Act. He accepted the appeal, and setting aside the order of the Controller, directed Sultan Muhammad Khan to vacate the house on or before the 17th of July 1956. Mian Feroz Shah was ordered to carry out the necessary repairs and construction of the upper storey of the bungalow within one year of its vacation, and if after the completion of the repairs and construction, it was not occupied by him, to offer it in the first instance to Sultan Muhammad Khan on such rent that might be fixed by…