Law:

Section:

(a) Cantonments Rent Restriction Act (XI of 1963) ---S. 17(8) Direction to deposit "rent due" by tenant Approximate determination of rent by Rent Controller Requirement Appeal against such interlocutory order Competency Rent Controller while directing tenant to deposit the "rent due", has to determine the same Rent Controller, in case of disagreement on the "amount due", would determine the same "approximately" Character of such order qua "approximate rent" in the overall context of proceedings, would remain incidental and provisional Appeal not having been specifically provided for, in the Act, from such "approximate determination", order for such deposit of rent passed by Rent Controller would not be rendered appealable merely because when tenant refuses or fails to deposit rent so determined, his defence would be struck off. (b) Cantonments Rent Restriction Act (XI of 1963) S. 24 Constitution of Pakistan (1973), Art. 185 (3) Interlocutory order passed by Rent Controller Appeal having, not been specifically provided for against interlocutory order passed by Rent Controller, no appeal against such order would be competent under S.24, Cantonments Rent Restriction Act, 1963 High Court had correctly set aside order passed in appeal against interlocutory order Leave to appeal was refused in circumstances. Messrs Kandawala & Co. Ltd., Lahore v. Sh. Rashid ud Din 1969 SCMR 720; Ibrahim v. Muhammad Hussain PLD 1975 SC 457 and Mian Manzar Baashir and others v. MA. Asghar & Co. PLD 1978 SC 1.85 rel. JUDGMENT MUHAMMAD AFZAL ZULLAH. J This petition for special leave to appeal by tenant arises out of ejectment proceedings instituted by the respondent/landlord under the Cantonments Rent Restriction Act 1963. The learned Rent Controller by his order, dated 26th of February 1976 directed the petitioners under section 17 (8) of the Act for the deposit of the arrears of rent. The petitioners challenged the same in appeal filed before the District Judge. A learned Additional District Judge by his order, dated 19th October, 1976 allowed the appeal. But instead of dealing with the deposit of rent only, he dismissed the original ejectment application filed by the…

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