2020 MLD 130 KARACHI-HIGH-COURT-SINDH

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Syed ALI ABBAS RIZVI VS ADDITIONAL CONTROLLER OF RENTS S. 24---eviction of tenant---Interlocutory order---Petitioner was tenant of respondent who was sent a notice to evict property on grounds of personal needs and unauthorized alterations to subject property by the tenant---Plea raised by petitioner was that he was not allowed to present additional documents before authorities despite there being an interlocutory order passed by High Court---Validity---Provisions of S. 24 of Cantonments Rent Restrictions Act, 1963 specifically barred appeals from interim orders and such restriction was imposed by lawmakers clearly with a view to avoid piecemeal decision in cases and to ensure expeditious disposal of proceedings under Cantonments Rent Restrictions Act, 1963---If parties were allowed to invoke Constitutional jurisdiction of High Court where appeal was specifically barred, such practice would negate very purpose of the Statute and render provisions thereof meaningless---Hearing and disposal of main case was being delayed as in all orders passed by Rent Controller applications repeatedly filed by petitioner for summary rejection of case were dismissed and parties were directed to produce evidence for expeditious disposal of case in compliance of orders passed by High Court---Petitioner not only made all possible attempts to delay proceedings but also abused process of Rent Controller---High Court declined to interfere in interlocutory order as it did not suffer from any jurisdictional defect or error and that Constitutional petition was misconceived and mala fide---Petition was dismissed in circumstances.