2018 CLC 523 KARACHI-HIGH-COURT-SINDH

Full text

AKHLAQUE AHMED SOHAIL VS MUHAMMAD YAHYA 1986 MLD 1656, 1988 CLC 1363, 1990 CLC 1224, 1990 MLD 1224, 1995 SCMR 791, 1998 CLC 298, 2012 SCMR 669, PLD 1997 Karachi 501, Ss. 17, 24, 27 & Preamble---eviction petition---Wilful default---Interlocutory order--- Appeal--- Maintainability--- Applicability of C.P.C.---Scope---Appellant/tenant contended that Rent Controller had wrongly dismissed his application for production of witnesses to depose orally instead of relying on affidavit-in-evidence---Respondent/landlord contended that Rent Controller had rightly dismissed the application of tenant which order being interim in nature was not appealable---Validity---Record revealed that facts relating to eviction petition were yet to be determined---Issues had been framed when the tenant was present before the Rent Controller and he had raised no objection with regard to the issues so framed ---Final decision in the case was yet to be made after completing the other legal formalities which were necessary after framing of issues---High Court observed that tenant had approached the Court with sole intention to drag and linger on the matter on irrelevant ground---Only the final order passed by the Rent Controller was appealable and not the interim order---Preamble of the Cantonments Rent Restriction Act, 1963 stipulated that the Act was a special statute enacted with the purpose to control and regulate the dealings between the tenant and the landlord in the cantonment areas, hence, for all practical purposes the Act had to be construed to be a special law---Only S.27(2) of the said Act provided holding of an enquiry etc., wherein Code of Civil Procedure, 1908 had been made applicable, and for all other aspects the Cantonments Rent Restriction Act, 1963 , would prevail over the Code of Civil Procedure, 1908 being a special legislation---High Court directed the Rent Controller to proceed with the matter---First Appeal was dismissed.