Law: Civil Procedure Code (V of 1908)

Section: 115

Law: Civil Procedure Code (V of 1908)

Section: 115

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

Section: 13(2)(ii),13(11)

a) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)------S. 13---Ejection of tenant---Relationship of landlord and tenant---Determination---Powers of Rent Controller---Scope---Rent Controller is not bound in every case to dismiss ejectment petition of landlord for the reason that title of landlord had been challenged or any party has claimed that there is no relationship of landlord and tenant---Rent Controller was duty bound to properly evaluate material which has come in evidence or has been brought on record. PLD 1973 Quetta 1; 2004 SCMR 1738 and 2005 YLR 1383 distinguished. 2005 SCMR 843 ref. (b) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)--- ---S. 13---Civil Procedure Code (V of 1908), S.115---Ejection of tenant---Relationship of landlord and tenant---Determination---Subletting of premises---Tenant without permission of landlord sublet the premises and put petitioners in possession of shop/tin question--Ejectment application filed by landlord was allowed by Rent Controller and eviction order was passed against petitioners---Plea raised by petitioners was that Rent Controller had no jurisdiction to decide the question of title of property---Validity---Findings of Rent Controller were related to relationship of landlord and tenant, in which, it had fully been established that tenant had violated. provisions of section 13(2)(ii) of West Pakistan Urban Rent Restriction Ordinance, 1959, and without permission or written consent had transferred or sublet shop in question to petitioners and petitioners were not allowed to make redundant or emasculate the law of West Pakistan Urban Rent Restriction Ordinance, 1959, to raise any fictitious or concocted claim for non-existence of relationship with landlord as a tenant---Provisions of West Pakistan Urban Rent Restriction Ordinance, 1959, related to hierarchy of resolving civil nature of disputes and any ancillary or offshoot of any tenancy agreement in respect of title or relationship could be seen and resolved in respect of that tenancy agreement---However, in any distant, intricate and complicated question of title or any question of illegally grabbing property, not related to tenancy…

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