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1992 CLC 1849

MUHAMMAD ASHRAF vs FAQIR MUHAMMAD and another

Citation1992 CLC 1849
CourtPeshawar High Court
Case No.W.P. No,381 of 1991
Date1991-03-05
Judge(s)Syed Ibne Ali, Abdur Rehman Khan
ResultOrder accordingly

ORDER

' SYED IBNE ALI, J.---This writ petition has been filed by Muhammad Ashraf, petitioner, under Article 199 read with Article 203 of the Constitution of the Islamic Republic of Pakistan, 1973, against the Rent Controller, Peshawar (respondent No,2) in the following circumstances.

2. The petitioner filed an application for the ejectment of respondent No,1 from the house in dispute.

Respondent No,1 was summoned who filed his written statement on 3-12-1984. On his denial with regard to the existence of relationship of landlord and tenant between him and the petitioner, a preliminary issue was framed in this respect. The learned Rent Controller directed the petitioner to produce evidence and deposit the costs of the official witnesses which order was obeyed on 14-2- 1985.

3. The learned counsel for the petitioner submitted that since 14-2-1985 the case is being adjourned by the learned Rent Controller on one pretext or the other and during the six years no progress has been made in the case. He further contends that the petitioner has requested the learned Rent Controller time and again to decide the case as early as possible but due to the unfair tactics of respondent No,1, the request of the petitioner has proved fruitless and no progress has been made in the case. The learned counsel submitted that for the above reasons, the petitioner seeks indulgence of this Court for issuing a direction to the learned Rent Controller to decide the case at the earliest.

4. It is very sad to note that the instant case is lying pending since 1984 and with the passage of six years no progress has been made therein. A rent case is always given preference and disposed of summarily but for the reasons best known to the learned Rent Controller, the present case has taken undue long period in its trial.

5. In the circumstances, we dismiss this petition in limine for the reason that it may prolong the matter further but direct the Rent Controller to decide the case within four months and communicate the monthly progress in the case to the Registrar of this Court.

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