2009 MLD 507 LAHORE-HIGH-COURT-LAHORE

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IMTIAZ AHMED CHATTA VS SALAH-UD-DIN SIDDIQUI, ADDITIONAL DISTRICT JUDGE, FAISALABAD 1984 SCMR 1225, 1986 CLC 2342, 1988 SCMR 322, 1991 SCMR 970, 1995 SCMR 362, 2002 YLR 3196, 2006 MLD 12, PLD 1991 SC 65, PLD 2001 SC 518, Code of Civil Procedure 1908--12 , Constitution of Pakistan 1973--199 , Constitutional petition--TERM , Maintainability--TERM , West Pakistan Urban Rent Restriction Ordinance 1959--13 , S.13(6)---Civil Procedure Code (V of 1908), S.12(2)---Constitution of Pakistan (1973), Art. 199---Constitutional petition---Maintainability---Petitioner did not deposit rent as directed by Rent Controller under S.13(6) of West Petition Urban Rent Restriction Ordinance, 1959, therefore, his defence was struck off and eviction order was passed---Petitioner assailed eviction order by filing application under S.12(2) C.P.C., and Rent Controller suspended operation of eviction order but Lower Appellate Court, in exercise of revisional jurisdiction, set aside the order passed on application under S.12(2) C.P.C.--Validity---Order of revisional court, even if erroneous on facts or law, could not be interfered in Constitutional jurisdiction, as writ against such order was incompetent---Lower Appellate Court, in exercise of revisional jurisdiction, had judiciously exercised its jurisdiction and passed a well-considered order---Petitioner failed to show that Lower Appellate Court had exercised jurisdiction not vested in it by law or had failed to exercise a jurisdiction so vested in it or had acted in exercise of its jurisdiction illegally or with material irregularity---Lower Appellate Court in exercise of revisional jurisdiction, on the basis of proper reading, consideration and appreciation of evidence, had passed reasoned order, which could not be upset---High Court, in exercise of jurisdiction under Art. 199 of the Constitution, declined to interfere with the order passed by Lower Appellate Court---Petition was dismissed in circumstances.