Law:

Section:

(a) Cantonments Rent Restriction Act (XI of 1963)-------S.17(8)---Tentative rent order after framing issues by the Rent Controller--- Validity- --Contention of tenant that Rent Controller had no jurisdiction to pass tentative rent order after he had framed the issues, was repelled because mere fact that said order was passed after framing of issues, would not render the same void---Omission of Rent Controller to pass an order for deposit of rent before framing of issues would not mean that he was deprived of jurisdiction to do so at a subsequent stage. Altaf Amin v. Qazi Muhammad Naeem and 4 others PLD 1987 Pesh. 148; Kohitex (Pvt.) Ltd. v. Muhammad Mukhtar and 2 others 1995 CLC 781 and Mst. Mahmooda Begum v. Mst. Mahmooda Jan 1973 SCMR 131 ref. (b) Constitution of Pakistan (1973)--- ----Art.199---Constitutional petition--- Maintainability--- Interlocutory order--- Constitutional petition could not be maintained against an interlocutory order. Muhammad Saeed v. Mst. Saratul Fatima and another PLD 1978 Lah. 1459 ref. JUDGMENT An ejectment petition filed by respondent No. l against the petitioner is pending with respondent No.2. On 23-2-2001 respondent No.2 proceeded to frame issues in the case and adjourn the case for recording evidence of respondent No. l to 15-3-2001. At the same time he took notice of the fact that order in terms of section 17(8) of, Cantonments Rent Restriction Act, 1963 is to be passed and directed the appearance of the petitioner on 15-3-2001. The case was then adjourned on several dates for various reasons. Ultimately the matter was taken up on 1-6-2001 and the petitioner was directed to deposit rent for the period, January, 2000 to December, 2000 before 15-6-2001, while future rent was ordered to be deposited before 5th day of the month. Regarding the period January, 2001 to May, 2001 respondent No. l admitted that he had received the rent for the said period sent to him by money order under protest. It may be noted that the ejectment application was filed on 12-7-2000 and the petitioner put in appearance on 8-9-2000. The learned Rent Controller further provided in the said order that the said rent for the period January, 2000 to…

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