2019 YLR 313 KARACHI-HIGH-COURT-SINDH

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ASLAM PERVEZ VS MADARSA ANWARUL ISLAM GHOUSIA FARIDIA (REGD.) NOOR MASJID GHOTKI Ss. 15, 16 & 21---eviction petition---Denial of relationship of landlord and tenant---Rent Controller passed tentative rent order directing the tenant to deposit arrears and future rent---Appeal against interim order---Scope---Petitioner/tenant contended that, in absence of remedy of appeal against interim order, he could challenge the same by invoking constitutional jurisdiction as he had denied relationship of landlord and tenant---Validity---Section 21 of Sindh Rented Premises Ordinance, 1979 provided remedy of appeal against order passed by Rent Controller but the same did not include interim order normally passed on interlocutory application(s)--- Interim order was always of limited duration which legally did not control the final adjudication rather stood merged into final order thereby it became of no value---Law did not require to challenge an interim order even by way of constitutional jurisdiction so that the intention of legislature might not be frustrated---Impugned order being interim one by itself neither had determined the relationship between the parties nor could be referred as final determination of the lis, so no appeal was available---Things which the law itself had not provided, would not be available even by attempting other procedure including constitutional jurisdiction---Impugned order could not be permitted to be challenged by the tenant before High Court by invoking its extraordinary constitutional jurisdiction---Constitutional petition was dismissed accordingly.