| Citation(s) |
|---|
| 1993 SLG 929 1993 SLD 929 1993 CLC 649 |
Lahore High Court
MUSHTAQ AHMAD KHAN, J
M.R. Jan for Petitioner
MUSHTAQ AHMAD KHAN, J
M.R. Jan for Petitioner
JAVAID HUSSAIN SHEIKH-
VS
Mst. FEHMIDA OAISAR and others
Law:
Section:
Constitution of Pakistan (1973)--- ----Art. 199---West Pakistan Urban Rent Restriction Ordinance (VI of 1959), S. 13 (6)---Constitutional petition, competency of---Interim order of tentative nature---Fragmentary decisions cannot be challenged through Constitutional petitions inasmuch as entertainment of Constitutional petition against such like orders would cause lot of inconvenience to parties and tend to delay administration of justice. Mistri Allah Dian v. Mst. Kaneez Begum PLD 1961 Lah. 410; Ibrahim v. Muhammad Hussain PLD 1975 SC 457 and Pakistan v. Special Court Banking 1991 SCMR 2355 ref. ORDER In this Constitutional petition, Javaid Hussain Sheikh who is a tenant of a shop out of Property No.l/122, Kutcha Loharan, Insider Mochi Gate, Lahore under Mst. Fehmida Qaisar respondent No. 1 and against whom an ejectment petition is being adjudicated upon in the Court of learned Rent Controller, Lahore, has challenged an interim order dated 19-11-1991 passed under section 13 (6) of the Punjab Urban Rent Restriction Ordinance wherein the learned Rent Controller has passed an order for payment of future rent at the rate of Rs.600 P.M. 2. Mr. M.R. Jan, Advocate counsel for the petitioner has argued that the impugned order is arbitrary and amounts to final determination of the amount of rent due against the petitioner, under the provisions of section 13 (6), Part II. This order could only be passed subject to the final determination of the. amount of rent due. Learned counsel hat been asked to explain as to how this writ petition is competent against an interim order passed by the learned Rent Controller which is not even appealable and why this writ petition is being filed after delay of almost one year from the date of passing of the order. Regarding first query, learned counsel has stated that as the impugned order is illegal, therefore, the writ petition is competent. He has relied upon a case Mistri Allah Din v. Mst. Kaneez Begum PLD…
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