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K.L.R. 1991 Civil Cases 241

ALI RAZA vs ABID SAEED KIRMANI ETC

CitationK.L.R. 1991 Civil Cases 241
CourtLahore High Court
Case No.Writ Petition No. 3523 of 1990
Date1990-11-24
Judge(s)Manzoor Hussain Sial
ResultN/A

MANZOOR HUSSAIN SIAL, J.-This writ petition is directed against an interim order passed under section 13(6) of the Rent Restriction Ordinance VI of 1959 by the learned Rent Controller, Lahore on 8.4.1990 whereby he directed Bashir Ahmad Shah respondent No.2 to deposit Rs. 126,000/- as arrears of rent at the rate of Rs. 3,000/- p.m. From October 1986 to 30.5.1990 and monthly rent at the same rate before 30.5.1990. It appears that Bashir Ahmad respondent did not assail the afore-said order before this Court. Ali Raza petitioner herein has challenged the afore-said order by means of this Constitutional petition.

2. The petitioner claims that he is in possession of the property in dispute, described as Kothi No.18/N-3, vide khasra No. 11769/314 situate in industrial area Gulberg-III, Lahore, as licensee under one Haji Fazal Hussain Mir. The petitioner has not impleaded him party to this petition.

Abid paced karman respondent No. 1 Tiled ejectment petition against Bashir Ahmad Shah respondent No.2 as well as against the petitioner and Miss Surraya Jabcen, Miss Naila Hassan his daughters. He pleaded that Bashir Ahmad Shah sublet the property in dispute to the petitioner and the afore-said two ladies.

3. Learned counsel for petitioner contended that the petitioner is not tenant under respondent No. 1 or for that .Natter under respondent No.2 but a licensee under Haji Fazal Hussain Mir and in actual possession of the premises in dispute.

4. The perusal of the documents on the Tile rather shows that the direction was made to Bashir Ahmad Shah respondent No.2 to deposit arrears of rent as well as monthly rent and not to the petitioner. He did not assail the order before this Court as afore-mentioned. The petitioner of his own showing is a licensee under a third party (Haji Fazal Hussain Mir) who did not support him while appearing as AW.1 before the Rent Controller. He also filed affidavit (R/I) that he did not induct the petitioner and his daughter in the premises nor they were his licensees. The impugned order is an interlocutory order directing respondent No.2 to deposit arrears of rent as well as monthly rent and cannot successfully be assailed in Constitutional jurisdiction of this Court as held in Abdul Rehman vs. Haji Mir Ahmad Khan and another (PLD 1983 SC 21).

4. There is no substance in this petition and it is accordingly dismissed.

5. There shall be no order as to costs.

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