Law:

Section:

Sindh Rented Premises Ordinance (XVII of 1979)--Ss. 4(2), 5 (2) & 15 ---- Constitution of Pakistan (1973), Art. 185 (3)--­Ejectment of tenant --- Order of ejectment by Rent Controller was maintained by High Court --- Only question urged before High Court was that Rent Controller, who decided ejectment application was not qualified to be appointed as such in terms of S.4(2), Sindh Rented Premises Ordinance, 1979 since he had neither served as Civil Judge nor as First Class Magistrate for period of three years--­High Court having rejected such plea, leave was sought on such single question --- Senior Civil Judge, who functioned as Rent Controller in relation to order of eviction, was not promote from post of Civil Judge or Judicial Magistrate but direct appointee, who would be deemed not only to have satisfied requirement for post of Senior Civil Judge, to which he was directly appointed, but also, arguably and quite plausibly, had minimum requirement as Civil Judge in terms of S.4(2), Sindh Rented Premises Ordinance, 1979---Such acts, however, were not supposed to be questioned for want of legal authority in collateral proceedings, though direct challenge in presence of all necessary parties, if otherwise satisfying requirements of law, would remain permissible--­Incidental challenge to competence of Rent Controller was not entertainable in petition for leave to appeal against order of eviction---Even otherwise, by invoking de facto doctrine, order of eviction passed by Rent Controller having come about bona fide and in public interest, should be assumed to have been passed de jure and possessed all attributes of a lawful, operative and binding order---Leave to appeal was refused in circumstances. Mahmood Khan Achakzai v. Federation of Pakistan PLD 1997 SC 426 ref. ORDER WAJIHUDDIN AHMED, J.---The petitioner has concurrently been ordered to be evicted by the learned Rent Controller and the High Court of Sindh, by the latter in the F.R.A. taken to it. The only question urged before the learned Judge of the High Court in Chambers was that the Controller, who decided the rent case, was not qualified to be appointed as such in terms of section 4(2) of the Sindh…

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