673/2014 Const. P. TANVEER AHMED SHAH (Petitioner) V/S RENT CONTROLLER FAISAL CANTT. & ANOTHER (Respondent)

673/2014 Const. P. TANVEER AHMED SHAH (Petitioner) V/S RENT CONTROLLER FAISAL CANTT. & ANOTHER (Respondent) Sindh High Court

Bench: Hon'ble Mr. Justice Nazar Akbar Order Date: 30-MAY-14

Cantonments Rent Restriction Act (XI of 1963)--- ----S. 17---Constitution of Pakistan, Art. 199---Constitutional petition---Non-filing of copy of impugned order---Effect---Ejectment of tenant---Interim order, remedy against---Scope---Impugned orders had not been filed by the petitioner with the Constitutional petition, Court without examining the same could not set aside the order nor maintainability of constitutional petition could be determined---Illegality/irregularity committed by the Trial Court would provide good grounds to the petitioner to strike the final order in appeal---Authenticity of documents could be determined in the light of evidence produced by the parties---Rent Controller was supposed to formulate "points for determinations/issues" after recording of evidence and hearing the parties in the judgment---Petitioner could capitalize irregularities committed in the proceedings in the appeal against the final order---No remedy had been provided against any interim order passed under the Cantonments Rent Restriction Act, 1963---Petitioner had misused the authority of High Court to delay the proceedings of the case---Constitutional petition was dismissed with cost of Rs.10,000 and Rent Controller was directed to decide the matter within a period of four months.