2015 CLC 663 KARACHI-HIGH-COURT-SINDH

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ABDUL FAROOQUE VS MAQSOOD AHMED 2009 MLD 144, PLD 2009 SC 45, Appeal--TERM , Constitutional petition--TERM , Ejectment of tenant--Term , Maintainability--TERM , Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979--16 , Sindh Rented Premises Ordinance 1979--21 , Ss. 15, 16 & 21---Constitution of Pakistan, Art.199---Constitutional petition--- Maintainability--- Ejectment of tenant--- Tentative rent, fixation of---Interlocutory/interim order---Appeal---Scope--Landlord moved an application for recovery of arrears of rent in eviction petition which was accepted and tentative rent order was passed---Contention of tenants was that Rent Controller without framing and deciding a preliminary issue with regard to the existence of relationship of landlord and tenant had passed tentative rent order illegally and without jurisdiction---Validity---No affidavit/objection raising the ground of non-existence of relationship of landlord and tenant between the parties was filed by the tenants---Impugned tentative rent order was interlocutory/interim in nature and same was not appealable---Appeal had been provided against the final order of Rent Controller---Tenants would have opportunity to file appeal if final order was passed against them and they could raise the objection with regard to non-existence of relationship of landlord and tenant between the parties---Constitutional petition was not maintainable against an interlocutory/interim order of Rent Controller---Constitutional petition was dismissed in limine.