Full Judgment Text & Judicial Ruling

2007 Y L R 2658

[Lahore]

Before Mian Hamid Farooq, J

GHULAM HAIDER---Petitioner

Versus

NAEEM ABBAS, RENT CONTROLLER, LAHORE and 11 others---Respondents

Writ Petition No.3551 of 2002, decided on 27th March, 2002.

West Pakistan Urban Rent Restriction Ordinance (VI of 1959)---

----Ss.13(2)(i)(ii), (3)(ii)(a), 13(6) & 1---Constitution of Pakistan (1973), Art.199-- Constitutional petition---Maintainability---Tentative rent order---Petitioner/tenant had called in question tentative rent order passed by Rent Controller, whereby petitioner was directed to deposit arrears of rent as well as future monthly rent of shop in question---Respondents/landlords sought ejectment of petitioner from shop in question on the grounds of default in payment of rent, personal need and addition and alteration in the shop---Tentative rent order passed by Rent Controller under S.13.(6) of West Pakistan Urban Rent Restriction Ordinance, 1959, was challenged on the ground that Rent Controller had directed petitioner to deposit arrears of rent beyond the period of three years which was not permissible under the law and impugned order was without jurisdiction which was amenable to constitutional -jurisdiction of -High Court---Rent Controller had calculated period from date of institution. of ejectment application and had ordered for deposit of rent precisely for the period of three years---Rent Controller was empowered to pass order under S.13 (6) of West Pakistan Urban Rent Restriction Ordinance, 1959 directing a tenant- to deposit arrears of rent for three years commencing from the date of institution of ejectment petition---Rent Controller, in circumstances did not commit any Illegality in passing impugned order---No exception, in circumstances, could Abe taken by petitioner as impugned order was perfectly, justified under the law not amenable to constitutional jurisdiction of the High Court---Impugned order was of an interim and interlocutory nature, which was non-appealable under proviso to S.15 of West Pakistan Urban Rent Restriction Ordinance, 1959---Petitioner had an adequate remedy available to him of challenging impugned order in appeal, which petitioner could be against final order passed in ejectment petition tf it would go against petitioner---Constitutional petition which .was incompetent, -not maintainable and devoid of merit, was dismissed.

Syed Saghir Ahmad Naqvi v. Province of Sindh through Chief Secretary, S&GAD, Karachi and others 1996 SCMR 1165 ref:

Abdul Latif for Petitioner.

Tanveer Akhtar for Respondents.

ORDER

MIAN HAMID FAROOQ, J.---Through the filing of the present Constitutional petition, the petitioner ,has called in question order dated 25-1-2002, whereby the learned Rent Controller, Lahore, passed an order in exercise of its powers under section 13(6) of the Punjab Urban .Rent Restriction Ordinance, 1959, thereby directing the petitioner to deposit the arrears of rent as well as future monthly rent.

2. Brief facts, necessary for the decision of the present petition are that the respondents instituted an ejectment petition, against the petitioner, seeking his ejectment from the shop in question, on the grounds of default in payment of rent, personal need and addition and alteration in the shop in question, before the learned Rent Controller, which was contested by the petitioner on various grounds by way of filing the written reply. During the pendency of the ejectment petition and before framing the issues, the learned Rent Controller after finding that the tenancy is admitted, proceeded to pass an order under section 13(6) of the Punjab Urban Rent Restriction Ordinance, 1959, thereby directing the petitioner to deposit the rent from 8-6-1996 to December, 2001, for 68-months at the tentative rent of Rs.3,000 per month and also directed him to deposit the future monthly rent before 15th of each succeeding month vide order dated 25-1-2002, which has been called in question through the filing of the present writ petition.

.Learned counsel for the petitioner has contended that the learned Rent Controller has directed the petitioner to deposit the arrears of rent beyond the period of three years which is not permissible under the law, thus, the impugned order is without jurisdiction, thus, amenable to the constitutional jurisdiction of this Court. Conversely, the .learned counsel for the respondents has contended that the learned Rent Controller has ordered for the deposit of the rent precisely for three years and, therefore, the learned Rent Controller has passed the impugned order in accordance with law which is not liable to be interfered by this Court. He has further contended that the present constitutional petition, having been tiled against an interlocutory order, is" incompetent and not maintainable.

Upon the perusal of the record of the case, I find that the ejectment petition was filed on 8-6-1996 and the learned Rent Controller while passing the impugned order directed- the petitioner to deposit the arrears of .rent from 8-6-1996 to December, 2001, meaning thereby that the learned Rent Controller has calculated the period from the date of the institution of the ejectment petition and, thus, he has ordered for the deposit of rent precisely for the period of three years. It is settled law that the learned Rent Controller is empowered to pass an order under section 13(6) of the Punjab Rent Restriction, Ordinance, 1959, directing a tenant to deposit the arrears of rent for three years commencing from the date of the institution of the ejectment petition. I am of the view that the learned Rent Controller did not commit any illegality in passing the impugned order, as noted above, he has passed the order directing the petitioner to deposit the arrears of rent for three years, thus, no exception can be taken by the petitioner. The impugned order is perfectly, justified under the law, thus, not amenable to the constitutional jurisdiction of this Court.

5. Another aspect of the case is that admitted. the .order under challenge is an interim and interlocutory nature. The legislature has made this order non-appealable by specifically making a provision in that respect in section 15 of the Punjab Urban Rent Restriction Ordinance, 1959, wherein first proviso to section 15 of the aforesaid Ordinance provides that no appeal shall lie against an order made by a Controller under subsection (6) of section I 13 thereby directing the tenant to deposit all the rent due. In these circumstances, if the constitutional petition is allowed to be filed against such orders, it would tantamount to defeating and diverging the interest of the legislature. If any authority is needed, reference may be made to Syed Saghir Ahmad Naqvi v. Province of Sindh through Chief Secretary, S&GAD, Karachi and others (1996 SCMR 1165) in which the Honourable Supreme Court was pleased to hold as under:-

"Constitutional jurisdiction, exercise of---Statute excluding a right of appeal from the interim order could not be bypassed by bringing under .attack such interim orders in constitutional -juris?diction---Party affected had to wait till it matured into a final order and then to attack it in the proper exclusive forum created for the purpose of examining such orders.''

Confronted with this, the learned counsel for the petitioner states that if this view is taken,? the petitioner shall be rendered remedyless. Suffice it to say that the contention of the learned counsel is devoid of any force. The petitioner has an adequate remedy available to him of challenging the impugned order in appeal, which he may file against the final order passed in the ejectment petition, if it goes against the petitioner.

The upshot of the above discussion is that the constitutional petition is incompetent, not maintainable and devoid of merits thus, dismissed, leaving the parties to bear their own costs.

H.B.T./G-51/L???????????????????????????????????????????????????????????????????????????????????? Petition 'dismissed.

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