2016 CLC 1905 ISLAMABAD

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ATIQ-UR-REHMAN VS NAJMA TABASSUM 1990 SCMR 530, 1997 CLC 1822, 2000 SCMR 556, 2003 YLR 1722, 2008 CLC 1666, 2008 CLC 547, 2010 CLC 1590, 2014 SCMR 630, 2015 CLC 663, 2015 MLD 417, 2016 MLD 624, PLD 1965 SC 459, PLD 1995 Lah. 392, Eviction petition--Term , Islamabad Rent Restriction Ordinance 2001--21 , S. 21(2)----eviction petition---Interim order passed by Rent Controller---Tenant did not file written reply to the eviction petition and his right to submit the same was closed---Validity---Section 21(2) of Islamabad Rent Restriction Ordinance, 2001 expressly barred right of appeal against an interim order passed by the Rent Controller which could not be circumvented by challenging in constitutional jurisdiction of High Court---Party aggrieved by such an order had to wait until a final order was passed and then to challenge same before the District Judge---Interim order would merge into the final order which would be appealable under S.21(1) of Islamabad Rent Restriction Ordinance, 2001---Interim order could be challenged by invoking constitutional jurisdiction of High Court when it was without jurisdiction, mala fide, void or coram non judice---Impugned order was interlocutory in nature and it did not dispose of the entire---Said order by the Rent Controller being neither without jurisdiction nor mala fide, void or coram non judice, same could not be challenged by constitutional petition before the High Court---Rent Controller was directed by High Court to dispose of eviction petition expeditiously--- Constitutional petition was dismissed.