Law:

Section:

(a) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)--- ----Ss. 13-A & 13---Constitution of Pakistan, Art. 199 ---Constitutional petition---Ejectment of tenant---Denial of relationship of landlord and tenant by tenant---Ejectment petition was dismissed concurrently inter alia on the ground that no notice of change of ownership was served on the tenant after the original landlord died---Validity---Perusal of evidence revealed that the tenant had admitted the relationship of landlord and tenant but had later on, after attestation of mutations concerning the premises, had not only denied said relationship but also set up a new story of ownership, firstly in favour of his wife and then another person---Rent Controller non-suited the landlord solely on failure of landlord to comply with S.13-A of the West Pakistan Urban Rent Restriction Ordinance, 1959 regarding notice of change of ownership---Notice under S.13-A of the Ordinance, if not served, would not amount to absence of relationship of landlord and tenant and institution of ejectment petition, was also to be treated as a notice of change of ownership---Person, even if he was not owner of a property could be deemed to be a landlord, and similarly he may be the owner but not a landlord---Courts ought to have looked into relationship of landlord and tenant and should not go into the disputed question of title as it was the job of the civil court and not that of the Rent Controller---High Court set aside impugned orders and directed the tenant to vacate the premises---Constitutional petition was allowed, accordingly. 1986 SCMR 751 and 2010 CLC 1941 rel. (b) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)--- ----S. 13---Rent Controller, jurisdiction of---Scope---Relationship of landlord and tenant---Person even if he was not owner of a property could be deemed to be a landlord, and similarly he may be owner but not a landlord---Courts ought to look into relationship of landlord and tenant and should not go into the disputed questions of title as the same was the job of the civil court and not that of the Rent Controller. JUDGMENT SYED AFSAR SHAH, J.- Impugned herein is the judgment of…

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