2023 CLC 1070 LAHORE-HIGH-COURT-LAHORE

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MUHAMMAD NAZEER VS GHULAM HUSSAIN S.17(8)---Constitution of Pakistan, Art. 199---eviction petition---Interim/Interlocutory order---Constitutional jurisdiction of the High Court---Scope---Respondent of eviction petition denied existence of relationship of landlord and tenant, but Rent Controller passed a tentative rent order against him---Held, that though in ordinary course, the constitutional jurisdiction should not be exercised against an interlocutory or interim order but when such order, at the face of it, was patently perverse and appeared to be suffering with illegalities, the constitutional jurisdiction could not be abdicated or abridged---High Court could not sit as a silent spectator to perpetuate a void order---High Court set aside impugned tentative rent order and directed the Rent Controller to determine first the relationship between the parties by framing a preliminary issue---Constitutional petition was allowed, in circumstances.