This is a petition under Article 9 of the Provisional Constitution Orders, 1981 whereby Sh. Sarfraz Ahmad, petitioner wants this Court to declare that the order of Rent Controller-respondent No. 2 dated 2-4-1.981, appointing a Local Commissioner in the ejectment petition filed by respon--dents No. 1, Mst. Bilqees Begum against the petitioner pending adjudication before respondent No. 2 and the order dated 10-9-81 whereby, respondent No. 2 rejected the application of the petitioner for recalling the order dated 2-4-1981, are illegal and without lawful authority.
2. The facts giving rise to this petition are, that on 8-6-1979, Mst. Bilqees Begum, respondent No. 1, filed petition under section 17 of the Cantonments Rent Restriction Act, 1963, before the Executive Officer/Rent Controller, Cantonment Area Multan for the ejectment of the petitioner/ defendant from the house bearing No. 106-Bohra Road, Cantonment Area Multan. The petitioner contested the application, submitted written statement, raised various preliminary objections and following issues were framed :-
(1) Whether the relationship of landlord and tenant exist between the parties ? OPP
(2) Whether the Tribunal has the jurisdiction to try this petition OPP ? OPR
(3) Whether the property in suit has been correctly described in the petition and- whether the site plan annexed to the petition is correct ? OPP.
(4) What is the effect of the repeal of D. P. (Compensation and Rehabilitation) Act of 1958 on the present application and non-- service of the notice under section 30 of the said Act upon the respondent ? OPP. and the case was adjourned. For evidence of respondent/applicant, the hearing of the application was adjourned from time to time for various reasons. It so happened that on 20-I1-80, respondent/ applicant moved an application for the appointment of a Local Commissioner to inspect the property in dispute and to prepare site-plan keeping in view the available official record and the dimensions of boundaries of the property in the presence of the parties. It should be noted that the following issues had already been framed and the onus of proof was on the respondent: "Whether the property in dispute has been correctly described in the petition and whether the site plan annexed to the petition is correct It appears that the application was moved in connection with this issue. The learned Rent Controller accepted the application and appointed Mr. Abdul Majeed, Cantonment Engineer as a Local Commissioner. On 9-4-1981, the petitioner moved an application requesting the learned Rent Controller to recall his order, which, however, was dismissed on 10-9-1981. Hence this petition.
The learned counsel submits that the Rent Controller being not a Court was not legally competent to appoint a Local Commissioner for any of the purpose for which his appointment has been made vide impugned order dated 2-4-1981. The learned counsel has not been able to point out any specific provisions of law whereby the Rent Controller is debarred from appointing Local Commissioner for the purpose for which he has been appointed in the instant case. I find that a specific issue as referred to above had already been framed which necessitated the appointment of a Local Commissioner. The report of the Local Commissioner being not substantive evidence can be used in corroboration or contradiction of the evidence. The petitioner/applicant can raise objections to the report of the Local Commissioner and the petitioner does not stand prejudiced in any manner by the appointment of Local Commissioner.
4. The learned counsel admits that the impugned orders are the interim orders and the main petition for ejectment has not been decided so far and that after the decision of the petition these orders can be challen--ged in appeal arising out of the final order before the District Judge He wants this Court to interfere in the discretionary interlocutory order; which I am afraid cannot be done by this Court while sitting in its constitutional jurisdiction.
For the foregoing reasons, the petition is dismissed in limine.