2016 MLD 624 KARACHI-HIGH-COURT-SINDH

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IQBAL AHMED VS MUHAMMAD NASIR 1989 MLD 4436, 1990 CLC 849, 2007 CLC 1956, 2007 CLC 1961, 2011 CLC 648, 2013 CLC 1021, 2015 CLC 663, Constitutional petition--TERM , Maintainability--TERM , Permissibility--Term , Remedy--TERM , Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979--16 , Sindh Rented Premises Ordinance 1979--21 , Ss. 16 (1), 15 & 21(1)----Constitution of Pakistan, Art. 199---Constitutional petition---Maintainability---eviction petition---Application for arrears of rent, dismissal of---Remedy---Appeal against interim order---Permissibility---Rent Controller dismissed application filed under S. 16(1) of Sindh Rented Premises Ordinance, 1979, on ground that relationship of landlord and tenant had been denied which required recording of evidence---Validity---Under S. 21(1) of Sindh Rented Premises Ordinance, 1979, Legislature had specifically prohibited filing of appeal against interim order, and the same was, therefore, not challengeable---Interim order would merge in final verdict, which, then, would be appealable---Object of Legislature would be frustrated by exercise of constitutional jurisdiction against impugned order passed by Rent Controller, whereby he dismissed the application holding that disputed question as to relationship of landlord and tenant existed, was interim in nature, and the same was not a question of exercise of jurisdiction in excess, for invoking constitutional jurisdiction---Tenant would have adequate remedy to challenge impugned order in appeal against final order---Constitutional petition, being not maintainable, was dismissed in circumstances.