Find a Lawyer

Writ Petition No. 1749 of 1969, decided on 29th January, 1979.

‑‑ S. 17‑Appeal‑‑Appeal under S. 17 of Act, held, not competent before District Judge against an interim order of Rent Controller. [Appeal (civil)].

Ibrahim v: Muhammad Hussain P L D 1975 S C 457 fol.

Abid Hassan Minto for Appellant.

Karamat Nazir Bhandari for Respondents kilos. 3 and 4.

Date of hearing: 29th January, 1979.

In a petition filed under section 17 of the Cantonments Rent Restriction Act, 1963, for ejectment of the petitioners from the property in dispute a preliminary objection about want of service of notice under section 30 of the Displaced Persons (Compensation and Rehabilitation) Act, .1958 was raised by the petitioner. This question was decided in favour of respondent No. 3. As a result of that finding the Rent Controller passed an order under section 17(8) of the Act directing the petitioner to deposit arrears of rent as well as the current rent at the rate of Rs.250 per month calculated according to the latest assessment.

2. The petitioner challenged this interim order by way of an appeal before the learned Additional District Judge but his appeal was dismissed on merits. He challenged that order by this writ petition.

3. During the pendency of this writ petition, it was held by their Lordships of the Supreme Court in Ibrahim v. Muhammad Hussain (PLD 1972 S C 457), that no appeal under section 15 of the West Pakistan Urban Rent Restriction Ordi nance, 1959, is competent against an interim order of the Rent Controller. The same law applies to the Act of 1963 which is similarly worded, I am, therefore, of the view that the appeal before the learned Additional District Judge was not competent. The petitioner, therefore, has an adequate and beneficial remedy by way of an appeal against a final order that may be passed by. the Rent Controller, He can raise in such appeal all these points. For this reason this writ petition is dismissed without any order as to costs.

M. Y. M. Petition dismissed.