MUHAMMAD SHAFI vs RENT CONTROLLER
This constitutional petition was filed against an order passed by the Rent Controller directing the petitioner to deposit rent pending the decision of an ejectment petition under the Urban Rent Restriction Ordinance, 1959. The primary legal question was whether a constitutional petition is maintainable against an interlocutory order passed by a Rent Controller, specifically regarding the deposit of rent. The Court held that the petition was not maintainable, reasoning that the impugned order was interlocutory in nature. The Court clarified that if the order were final, the appropriate remedy would have been an appeal, not a constitutional petition. Furthermore, relying on the principle established by the Supreme Court of Pakistan in Messrs Ansari Brothers v. Holy Trinity Church Trust (PLD 1971 SC 700), the Court granted the petitioner a period of 14 days to deposit the rent due, noting that the previous suspension of the order had left 14 days remaining for compliance. Consequently, the petition was dismissed, with the respondent undertaking not to withdraw the deposited rent until the jurisdictional objection was decided.
- Is a constitutional petition maintainable against an interlocutory order passed by a Rent Controller under the Urban Rent Restriction Ordinance 1959?
- If an order passed by a Rent Controller is final, what is the appropriate legal remedy for the aggrieved party?
- Can a petitioner be granted additional time to deposit rent if the original order was suspended by the High Court?
- Section 13(6), Urban Rent Restriction Ordinance 1959
Learned counsel for the petitioner has been asked to show as to how this petition which is directed against an order passed by the Rent Controller for deposit of rent pending decision of ejectment petition under section 13 (6) of the Urban Rent Restriction Ordinance, 1959, was competent in view of two judgments of Division Benches of this Court in Muhammad Saeed v. Mst. Sartul Fatima and another (PLD 1978 Lahore 1459) and Malik Muhammad Ilyas v. The Rent Controller, etc. (ICA 192/89 decided on 5th December, 1989). He has argued that as the order in question is not interlocutory but is final, the Constitutional petition is competent. This contention of the learned counsel has hardly any force. If the order had been final, the remedy available to the petitioner would have been to file appeal and not this petition. It is, therefore, difficult to agree with the learned counsel that order is not interlocutory or interim in nature.
2. Learned counsel for the petitioner has contended that the petitioner had been directed by the Rent Controller to deposit the rent with effect from October, 1990 before 30 days of next month and that period has already run out and that the petitioner may be granted some time to deposit the rent now.
3. There appears to be no necessity of giving such an indulgence. The impugned order of the Rent Controller, directing the petitioner to deposit the rent was suspended by this Court on 1st November, 1992 by which time 14 days were still available to the petitioner to deposit the rent. On the principle laid down by the Supreme Court of Pakistan in Messrs Ansari Brothers v. Holy Trinity Church Trust (PLD 1971 SC 700) the petitioner can deposit the rent due within a period of 14 days from today.
4. Learned counsel for the petitioner has submitted that in any case, the Rent Controller could not have allowed respondent No, 1 to withdraw the rent which had been deposited by the petitioner pending decision of the jurisdictional objection. Learned counsel for respondent No, 1 undertakes that respondent shall not withdraw the rent till such time the Rent Controller decides the objection to his jurisdiction. For the reasons aforesaid, this petition is held to be not maintainble and is dismissed. No costs.
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