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1986 M L D 869
[Lahore]
Before Manzoor Hussain Sial, J
NOOR HUSSAIN‑‑Petitioner
versus
Haji PIR BAKHSH‑‑Respondent
Writ Petition No. 491 of 1984, decided on 7th February, 1984.
Provisional Constitution Order (1 of 1981)‑‑
‑‑‑Art.9‑‑West Pakistan Urban Rent Restriction Ordinance (VI of 1959), S.13‑‑Constitutional jurisdiction‑‑Interlocutory order passed by Rent Controller‑‑Adequate remedy by way of appeal available to petitioner against such interlocutory order‑‑Interference declined in constitutional jurisdiction.
Khawaja Saeed‑uz‑Zafar for Petitioner.
This writ petition is directed against order, dated 19‑1‑1984 of the learned Rent Controller, Lahore whereby he did not allow production of certain documents on the record.
2. Learned counsel for the petitioner contended that the learned Rent Controller acted ‑ arbitrarily in refusing to bring on the record the requisite documents while he had allowed the opposite party to produce similar documents on the file. He, however, did not deny that in the event an order of ejectment is finally passed against him the impugned interlocutory order would be assailable in appeal before the first appellate authority.
In this view of the matter, since another adequate remedy o appeal is available to the petitioner against the impugned interlocutor order, in case, an order of ejectment is passed against him this petition is not maintainable and is accordingly dismissed in limine.
M . Y. H . Petition dismissed.
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