Law:

Section:

West Pakistan Urban Rent Restriction Ordinance (VI of 1959)--- ----Ss.13 & 22---Ejectment of tenant---Second appeal---Relationship of landlord and tenant---Title of property---Determination---Rent Controller declared tenant as co-owner in the property in question and dismissed ejectment application---Order passed by Rent Controller was maintained by Lower Appellate Court--- Validity--- Rent Controller who had limited jurisdiction in the proceedings could not decide disputed question of law and fact involving ownership right of tenant---Rent Controller as well as Lower Appellate Court legally could not have accepted joint ownership of tenant in subject property on the basis of documents produced by tenant---Exercise of powers by Rent Controller and Lower Appellate Court for declaring cessation of relationship of landlord and tenant having commenced between the parties did not come to an end through any legal course of law or on the basis of any legal document clearly ascertainable in the eye of law declaring tenant to be one of the co-owners in subject property---Judgments passed by two courts below dismissing ejectment petition of landlord was not sustainable in the eye of law and was set aside---Second appeal was dismissed in circumstance. Nazir Ahmad v. Sardar Bibi and others 1989 SCMR 913; Barkat Masih v. Manzoor Ahmad (deceased) through L.Rs. 2006 SCMR 1068, 1992 SCMR 1352; 1993 MLD 937; Sh. Muhammad Hanif v. Muhammad Nasir and 2 others 1991 CLC 99; Muhammad Hanif v. Mst. Ahmadi Begum and others 1996 CLC 137; Mst. Sanobar Sultan and others v. Obaidullah Khan and others PLD 2009 SC 71 and Abdul Zahir v. Jaffar Khan 2010 SCMR 189 distinguished. JUDGMENT NASIR SAEED SHEIKH, J.---Through the instant consolidated judgment S.A.Os.No.191 and 192 of 2007 are being disposed of as common questions of law and facts are involved in both the rent appeals. 2. Respondents in both the rent appeals are Muhammad Saleem son of Talib Hussain and Zulfiqar son of Ch. Fazal. S.A.O. No.191 of 2007 has been instituted by Saleem ur Rehman whereas S.A.O. No.192 of 2007 has been instituted by Zulqarnain both of whom are the real brothers. An Ejectment petition was instituted by…

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