Law:

Section:

(a) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)----- -----S. 13-----Ejectment of tenant-----Personal bona fide need of landlord-----Denial of relationship of landlord and tenant by the tenant-----Rent Controller, jurisdiction of-----Scope-----Relationship of landlord and tenant was denied on the ground that wife of the tenant being real sister of landlord was co-owner in the demised premises-----Eviction petition was accepted concurrently-----Validity-----Nothing was on record that landlord was exclusive owner of the demised premises-----Landlord was bound to prove rent deed by producing marginal witnesses and a scribe of the same-----Neither ownership nor the relation as landlord and tenant existed between the parties-----Landlord had failed to prove his personal bona fide need as required under the law-----Question of relationship between the parties as landlord and tenant would relate to their legal status-----Nature of relationship inter se was mixed question which had to be decided in the light of evidence-----Bona fide need of landlord of the premises in good faith had to be assessed in the light of available evidence which was lacking in the present case-----Rent Controller was bound to frame preliminary issue with regard to relationship between the parties as landlord and tenant and decide the same-----Ejectment of tenant had been permitted only on the specified grounds-----Rent Controller being persona designata was required to decide the issue after applying judicial mind-----Mere assertion of landlord was not to be considered and without clarity no order could be passed for ejectment in favour of landlord-----Ownership/title could not be decided by the Rent Controller who had limited jurisdiction in the proceedings-----Findings recorded by the Appellate Court were alien to law-----Both the courts below had not decided the "lis" with conscious and application of independent mind-----Impugned orders passed by both the courts below were not sustainable which were set aside and ejectment petition was dismissed-----Appeal was accepted in circumstances. (b) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)-----…

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