2025 YLR 2784 ISLAMABAD
ICT · 2025
Full text
Fazal Raheem VS Rent Controller (East), Islamabad Art.199---Islamabad Rent Restriction Ordinance (IV of 2001), S.21(1)---eviction petition---Interlocutory order passed by Rent Controller---Appeal against interlocutory orders, prohibition of---Legislative bar---Constitutional jurisdiction of the High Court, invoking of---Limitations and scope---It is trite principle of law that when a statute excludes a remedy of appeal, the legislative bar must be strictly observed---It would be contrary to both the legislative intent and judicial discipline to permit constitutional interference in cases where the statute has expressly prohibited any appellate or revisional challenge---Entertaining a writ petition in such a situation would amount to defeating the very purpose of the special rent forum and would undermine the efficiency of rent regulation mechanisms established by law---Allowing constitutional petitions against interim directions would defeat the very objective of the special rent regime, which is designed to ensure expeditious and economic resolution of landlord-tenant disputes---Every procedural direction would then be subject to challenge before the High Court, leading to unnecessary delays and forum shopping.
