Case Details

Citation(s)
1992 SLG 998 1992 SLD 998 1992 CLC 1848
Lahore High Court
W.P. No. 10690 of 1991, decided on 20th November, 1991
KHALIL-UR-RAHMAN KHAN, J
Hakam Qureshi for Petitioner

GHULAM HUSSAIN

VS

SAGHIR HUSSAIN

Law:

Section:

West Pakistan Urban Rent Restriction Ordinance (VI of 1959)--- ----S.13---Constitution of Pakistan (1973), Art. 199---Constitutional diction, exercise of---Rent Controller's order closing tenant's evidence due jurisdiction, to his failure to produce same despite several adjournments and repeated warnings---Validity---Order in question, having been passed in proceedings competently pending before Rent controller, discretion exercised by him did not suffer from any error of jurisdiction---Question of propriety of order in question could be urged as and when matter was taken up before Appellate Court, in case ultimate order to be passed by Rent Controller was against tenant---No case for interference in exercise of extraordinary Constitutional jurisdiction having been made out, same was dismissed in circumstances. ORDER This Constitution petition is directed against the order dated 9-10-1991 of the learned Rent Controller, whereby the application to recall the order dated 21-7-1991 was rejected. These orders have been passed by the learned Rent Controller in eviction proceedings initiated by the respondent against the petitioner/tenant. The learned Rent Controller, vide order dated 21-7-1991, had closed the evidence of the petitioner/tenant providing, however, an opportunity to the petitioner to have his statement recorded on the next dated of hearing i.e. 27-7-1991. Learned Rent Controller in this very order observed that a perusal of the file shows that the respondent/landlord had closed his evidence on 29-7-1990 and since then the…
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