Law: West Pakistan Urban Rent Restriction Ordinance (VI of 1959)

Section: 2(c)(i),13(2)(i),(3)(ii),15

(West Pakistan Urban Rent Restriction Ordinance (VI of 1959)]......Ss 2(c)(i), 13(2)(i), (3)(ii) & 15---Constitution of Pakistan, Art.199---Constitutional petition---Ejectment application on ground of default in payment of rent and personal need of landlord---Existence of---Relationship of landlord and tenant---Rent Controller framed issues regarding the title of the parties and jurisdiction of Rent Controller---Rent Controller would have jurisdiction only when relationship of landlord and tenant existed between the parties---Petitioner, from the very initial stage, had claimed that he owned the suit property on the basis of unregistered sale-deed, coupled with approval of construction plan by Municipal Committee, in 1935 when relationship of landlord and tenant was denied, Rent Controller was bound to frame preliminary issue for resolving the controversy regarding relationship of landlord and tenant between the parties---Rent Controller, while deciding said issue had assumed the jurisdiction of civil court and decided the title of the parties---Appellate Court had rightly found that Rent Controller had no jurisdiction to decide the title---By giving said findings, Appellate Court should have directed the landlord to approach the civil court for establishing the title of the suit property---Landlord had failed to produce any rent deed or counter foil of any receipt of rent issued to the petitioner by the alleged owner from whom he had allegedly purchased the property---To prove the relationship of landlord and tenant, it was incumbent upon the landlord to produce the rent deed or at least the counter-foil of receipt book---Mere entries in the record of Excise and Taxation Department would not create relationship of landlord and tenant between the parties---Very title of the suit property being involved, landlord was directed by High Court to approach the civil court for establishment of his title---Constitutional Petition was allowed, impugned and order of courts below, was set aside. Ifzal Ahmed v. Mursaleen 2001 SCMR 1434 and Rehmat Ullah v. Ali Muhammad 1983 SCMR 1604 rel. ORDER KHALID MEHMOOD, J.---Through the instant writ petition the petitioner has…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492