Mst. Jameela Paracha vs Mst — 2026 MLD 890 PESHAWAR-HIGH-COURT

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Mst. Jameela Paracha VS Mst. Amna Inayat Ss.10, 13, 15 & 17---Rent appeal---Maintainability---Ex parte ejectment order passed by Rent Controller---Appeal dismissed by Appellate Court for want of decree sheet, challenge to---Drawing of decree sheet---No statutory requirement exists for filing or deciding an appeal under the Rent Ordinance on the basis of a formally drawn decree sheet---Scope---Respondent No.1/landlord sought petitioner's/tenant ejectment and recovery of rent and utility dues---Although the petitioner had contested the case by filing written statement, he failed to appear for cross-examination and was proceeded against ex parte, and an ejectment order was passed against him---His appeal was later dismissed as not maintainable by the Appellate Court, leading to the filing of the present constitutional petition---The relevant issue in the matter was “whether, in the circumstances, the ex parte rent order could be challenged through appeal and whether dismissal of the appeal on the ground of non-maintainability was legally justified?”---Held: Appellate Court failed to realize that appeal before said Court had been filed under S.15 of the West Pakistan Urban Rent Restriction Ordinance, 1959, where there was no requirement of drawing of decree sheet---Under S.17 of the West Pakistan Urban Rent Restriction Ordinance, 1959, every order made by a Rent Controller under Ss.10, 13 and every order passed on appeal under S.15 was to be executed by a Civil Court having jurisdiction in the area as if it were a decree of that Court---There also, requirement of drawing of decree sheet was not mentioned---Requirement of drawing decree sheet for maintaining an appeal could not have been read into the Ordinance and petitioner had wrongly been penalized---Appellate Court wrongly held the appeal as not maintainable---Matter was remanded to Appellate Court to decide the same in accordance with law---Constitutional petition was allowed, in circumstances.

Mst. Jameela Paracha vs Mst — 2026 MLD 890 PESHAWAR-HIGH-COURT

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