2015 YLR 2570 PESHAWAR-HIGH-COURT

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RIFFATULLAH JAN VS BASHIR ZADA 2004 SCMR 126, PLD 2006 SC 549, Cantonments Rent Restriction Act 1963--17 , Constitutional petition--TERM , Ejectment of tenant--Term , S. 17---Constitution of Pakistan, Art. 199---Constitutional petition---Ejectment of tenant---Adjournment of ejectment application sine die due to pendency of civil litigation---Scope---Question of title---Application for restoration of ejectment petition was dismissed by the Rent Controller---Validity---Neither the parties nor their counsel were present in the court when Rent Controller rendered the impugned order---No civil litigation was pending between the tenant and landlord---Question of title was irrelevant in the matter of ejectment proceedings---Rent Controller had committed an error by adjourning the case sine die on the ground that there was civil litigation with regard to the suit premises---Impugned orders were set aside and eviction petition was restored---Constitutional petition was accepted in circumstances.