2023 PLD 126 PESHAWAR-HIGH-COURT

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UMAIR KHAN VS AAMIR MEHFOOZ-UR-REHMAN Ss. 13 & 15---Constitution of Pakistan, Art. 199---Constitutional petition---Maintainability---eviction of tenant---Landlord and multiple tenants---Multiple eviction petitions---Multifariousness of cause of action---Appeal---Scope---Petitioner filed seven ejectment petitions for the eviction of various tenants---Rent Controller, in the impugned order, selected one petition for further proceedings while the rest of the petitions were consigned to the record room without any further action---Validity---Although the West Pakistan Urban Rent Restriction Ordinance, 1959 does not impose any restrictions on the application of principles and procedures laid down by the Code of Civil Procedure of 1908 and even a single ejectment application can conveniently be filed against several tenants if the grounds for eviction are similar and based on the same agreement---However, when landlords file ejectment applications based on different agreements, different grounds, and against different tenants, the rights of the parties, who are differently placed, cannot be conveniently and conclusively decided in a single petition---This would result in a multifariousness of causes of actions---Impugned order not only went against the spirit of the law but also caused significant inconvenience and delay to the parties involved---Regarding the maintainability of the present petition, an appeal could be filed under S. 15 of the West Pakistan Urban Rent Restriction Ordinance of 1959 by a party aggrieved by an order of the Rent Controller that finally disposes of the application made under the Ordinance---However, since the impugned order had not finally disposed of the applications under the Ordinance, it could not be challenged through an appeal---Consequently, no efficacious remedy was available to the petitioner, and therefore, the present writ petition was maintainable---Impugned order was set aside, all the ejectment petitions were restored and the Rent Controller was directed to simultaneously proceed with the cases and decide the same in accordance with the law.