1998 MLD 1625 LAHORE-HIGH-COURT-LAHORE

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GHULAM SARWAR VS ADDITIONAL DISTRICT JUDGE, TAUNSA CAMP 1987 CLC 1620, 1995 CLC 66, PLD 1982 Lah. 92, PLD 1990 Lah. 48, PLD 1995 Lah. 392, Civil Procedure Code --Order VII of C.P.C. Plaint--11 , Constitution of Pakistan 1973--199 , Punjab Pre-Emption Act 1991--6 , ----S. 13---Punjab Pre-emption Act (IX of 1991), S. 6---Civil Procedure Code (V, of 1908), O. VII, R. 11---Constitution of Pakistan (1973). Art. 199--Constitutional petition---Maintainability---Petitioner's application in terms of O.VII, R. 11, C.P.C. for dismissal of ejectment application against him was rejected by Trial Court as also in appeal---Validity---Respondent's predecessor had purchased shop in question from petitioner's co-sharer and had filed ejectment application against petitioner who was in possession thereof--Petitioner, in turn, had filed pre-emption suit against respondents which was pending adjudication---Petitioner's application for rejection of ejectment application against him was rejected as being not maintainable---Trial Court in ejectment application would first decide question of existence of relationship of landlord and tenant between parties and would then make order of eviction on proof of such relationship- --Status of petitioner as pre-emptor, would not stand prejudiced with decision of ejectment application except that on having become successful in pre-emption suit he would have to seek possession of shop in question from respondent---In pre-emption suit entitlement to get possession would vest in decree-holder at the time of passing of decree and not before that---Impugned order passed under O.VII, R. 11, C.P.C. otherwise being interim order could not be challenged either in appeal or in Constitutional petition ---Ejectment application could not be rejected under O.VII, R. 11, C.P.C. on basis of pendency of suit for pre-emption, which was still to be adjudicated---Constitutional petition was not maintainable in circumstances.