Law:

Section:

West Pakistan Urban Rent Restriction Ordinance (VI of 1959)-------S. 15---Constitution of Pakistan (1973), Art.199---Constitutional petition---Right to challenge order of the Rent Controller by way of an appeal before the District Judge---Conditions---Dismissal of objection petition by the Rent Controller during execution proceedings---Dismissal of appeal against such order by the District Judge on the ground that the order before the Rent Controller was an interlocutory and not final in nature---Validity---Mere fact that the execution application was not disposed of while dismissing the objection petition would not detract from the finality of the order qua the rights of the petitioner nor could the same be considered interim or interlocutory in nature---With the dismissal of the objection petition, an order of final nature was passed qua the petitioner---Such a disposition of the matter could not be construed as of interim or of interlocutory nature---Order of District Judge was declared as of no legal effect and appeal filed by the petitioner would be deemed to be pending. Meraj Din and 3 others v. Additional District Judge, Gujranwala and 2 others 1993 CLC 1872 fol. Ch. Muhammad Bakhsh for Petitioner. Gulsher Mir for Respondents. Date of hearing: 2nd April, 2003. JUDGMENT By order dated 20-9-2002 the objection petition filed by the petitioner was dismissed by the learned Rent Controller, Lahore against which appeal preferred by him was dismissed by the learned Additional District Judge. Lahore on 14-12-2002 that the same was "not an appealable order before this forum". This is writ petition there-against. 2. The learned counsel contends that the appeal was indeed competent against such an order of the Rent Controller and the Appellate Court has declined to exercise jurisdiction in the matter which error of jurisdiction can be corrected by this Court in writ jurisdiction. Reliance has been placed upon Meraj Din and 3 others v. Additional District Judge, Gujranwala and 2 others 1993 CLC 1872. Contrarily the learned counsel for respondent No.1 supports the view taken by the learned Additional District Judge on the strength of judgment reported in Haji Muhammad…

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