Law:

Section:

Sindh Rented Premises Ordinance (XVII of 1979)--- ----S.15---Constitution of Pakistan (1973), Art.199---Constitutional petition---Ejectment of tenant---Relationship of landlord and tenant---Determination---Tenant contented that she had purchased the premises during her tenancy, thus denied relationship of landlord and tenant---Tenant had filed suit for declaration of title, while landlord filed suit for cancellation of agreement to sell on the basis of which tenant claimed to be the owner of the premises---Rent Controller dismissed ejectment application being not maintainable in view of pendency of declaratory suit before the Civil Court---Order passed by Rent Controller was maintained by Appellate Court---Plea raised by landlord was that suit filed by tenant had been dismissed and the question pertaining to title had been decided by the original Court in favour of landlord, which issue was pending before Appellate Court---Validity---Even if the Rent Controller was of the view that it was not possible to decide the question of relationship of landlord and tenant between the parties, at the most the proceedings could be kept in abeyance and the landlord could not be non­ suited---High Court set aside the orders passed by Rent Controller and Appellate Court and remanded the case to Rent Controller---High Court directed the Rent Controller to afford opportunity to both the parties to lead evidence on the point of relationship of landlord and tenant between the parties and if, after giving opportunity to both the parties and recording of evidence, Rent Controller would feel that it was not possible to decide the question pertaining to relationship of landlord and tenant between the parties without decision of civil Court, the matter might be kept in abeyance till the appeal was finally decided by Appellate Court ---Petition was allowed accordingly. Iqbal v. Mst. Rabia Bibi PLD 1991 SC 242; Abdul Hameed Naz v. Mst. Razia Begum Awan 1991 SCMR 1376; Province of Punjab v. Abdul Ghani PLD 1985 SC 1 and Rehmatullah v. Ali Ahmed 1983 SCMR 1064 ref. JUDGMENT MUHAMMAD MUJEEBULLAH SIDDIQUI, J.---This petition is directed against the order dated 14-4-2000, passed by the…

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