1997 PLD 64 PESHAWAR-HIGH-COURT

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ZAR-FROOSH VS SIKANDAR AZIZ Cantonments Rent Restriction Act 1963--17 , Constitution of Pakistan 1973--199 , Ss. 3, 17 & 24---Constitution of Pakistan (1973), Art.199---Constitutional petition---Interim order of Rent Controller rejecting petitioner's (tenant's) application under S.3(4), Cantonments Rent Restriction Act, 1963 to the effect that property in question, belonged to Cantonment Board who had allocated same to landlord (respondent) on temporary ground rent basis for period of one year, which had already expired, therefore, Rent Controller had no jurisdiction to proceed and adjudicate eviction application---Such interim order challenged in Constitutional petition---Competence---Appeal against interim order was barred under S.24 of Cantonments Rent Restriction Act, 1963 which clearly indicated that there was ouster clause specifically barring appeal against interim order of Rent Controller as only final order was amenable to appeal---Impugned order being interim order was not appealable.