2020 MLD 1689 LAHORE-HIGH-COURT-LAHORE

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ADNAN ALI VS RENT CONTROLLER, MULTAN CANTT. Ss.17 & 24---eviction of tenant---Tentative rent, determination of---Interim order---Maintainability---Scope---Tenant assailed order as to the deposit of future rent and arrears of rent pending disposal of the ejectment petition---Validity---Section 24 of Cantonments Rent Restriction Act, 1963, provided for an appeal against the order of the Rent Controller within 30 days but it specifically excluded interim orders from the category of orders which were appealable---Cantonments Rent Restriction Act, 1963, did not provide any appeal against an interim order---Constitutional jurisdiction could not be invoked in aid of injustice or to deflect express provisions of the statutory law and that where the legislature in its wisdom did not permit the filing of appeal against interim orders, the constitutional jurisdiction could not be invoked to circumvent the intent of legislature---Impugned order was challenged after about two years and there was no explanation for such a long inaction on the petitioner's part --- Constitutional petition was dismissed.