Law: Constitution of Pakistan, 1973

Section: 199

Law: Sindh Rented Premises Ordinance (XVII of 1979)

Section: 2(b),21

(a) Constitution of Pakistan (1973)--- ----Art. 199---Constttutiona jurisdiction--- cope---Controversy regarding forged power of attorney being factual one, High Court in its Constitutional jurisdiction could not enter into the exercise of making inquiries in respect of such controversy. (b) Sindh Rented Promises Ordinance (XVII of 1979)--- ----S. 2(b)---Rent Controller---Status of Rent Controller as a Court--­Judicial proceedings---Rent Controller was a Court as he took the evidence and determined the rights of the parties within the scope of Sindh Rented Premises Ordinance, 1979---Miscellaneous Rent application was also judicial proceedings, in those proceedings also Rent Controller had to decide judicially as to who was entitled to withdraw the amount of rent deposited with him and to what extent---Rent Controller had also to take judicial decision as to whether Rent deposited with him was valid tender/offer of rent due and his finding in that respect was definite unless upset by Appellate forum---Rent Controller, in circumstances surely was a Court---Controversial power of attorney was used before Rent Controller and after being satisfied that same was forged one, he passed order for the prosecution of petitioner---Rent Controller being Court, could take cognizance of offence under S.193, P. P. C. or file complaint---Contentions that Rent Controller was not Court and could not order prosecution, were devoid of substance. (c) Sindh Rented Premises Ordinance (XVII of 1979)--- ----S. 21---Appeal against order of Rent Controller ---Order passed by Appellate Court---Perusal of appellate order had clearly shown that Appellate Court had discussed the merits and held order of Rent Controller to have been passed competently and after that Appellate Court added 'that appeal was liable to be dismissed also for being not maintainable---Since the merits had also been considered and conclusions were drawn, order was deemed to have been passed on merits exercising Appellate jurisdiction which Appellate Court could legitimately exercise as order impugned through appeal was not an interlocutory one---Such was a final decision of a particular question/issue. ORDER The facts…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492