2009 MLD 564 PESHAWAR-HIGH-COURT

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Dr. ABDUL WAHEED VS JAFFAR ALI 2004 MLD 1661, 2004 SCMR 1568, Constitution of Pakistan 1973--199 , Constitutional petition--TERM , West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959--15 , Ss. 13(8) & 15---Constitution of Pakistan (1973), Art.199---Constitutional petition---Ejectment application---Tentative rent order---Striking off defence for non-compliance of tentative rent order---Determination of rent---Rent Controller passed order tentatively assessing the rent of the suit house to be Rs.9,000 and tenant was directed to deposit the same regularly and also arrears in the court---Tenant having failed to comply with the order of Rent Controller to deposit the rent tentatively assessed, Rent Controller struck off the defence of the tenant and passed eviction order against the tenant---Appellate authority below dismissed appeals filed by the tenant against order of the Rent Controller and directed tenant to hand over the vacant possession of the house in question to the landlord; however, on the question of determination of the final rent between the parties matter was remitted to the Rent Controller for doing the needful---Landlord, had assailed said last mentioned order of the Appellate Court in constitutional petition, contending that once the defence of the tenant was struck off, then irrespective of the order under S.13(6) of West Pakistan Urban Rent Restriction Ordinance, 1959, the Rent Controller was bound to have decreed all the arrears of rent as claimed in the petition for eviction; and that assessment of final rent between the parties could not be resorted to by the Rent Controller---Rent Controller would pass a tentative rent order regarding the deposit of rent---Under S.13(8) of West Pakistan Urban Rent Restriction Ordinance, 1959, if there was dispute between the parties with respect to the quantum of rent, the Rent Controller would finally determine the rent between the parties and would pay the same to the landlord after the conclusion of the proceedings---Hierarchy of Tribunals created under West Pakistan Urban Rent Restriction Ordinance, 1959 had the jurisdiction to determine the final rent between the parties as the rent was in dispute; and the only course available was to determine the same conclusively between the parties under the provisions of sub-section (8) of S.13 of the Ordinance---Order of Appellate Court impugned in the constitutional petition was based on facts, law and was strictly in accordance with provisions of the Ordinance which was not liable to be interfered with in extraordinary constitutional jurisdiction of the High Court---Constitutional petition was dismissed.