Law: Constitution of Pakistan, 1973

Section: 199

Constitution of Pakistan, 1973-- ----Art. 199--Ejectment application--Allowed--Appeal--Dismissed--Petition before High Court--Allowed--Case was remanded--Default in payment of rent--Personal bona fide need--Denying of relationship of tenant and landlord--Writ of certiorari--Scope of--Rent jurisdiction--Question of relationship of landlord and tenant--Benefit of dispute--Challenge to--This Court, normally, does not operate as a Court of appeal in rent matters rather this jurisdiction is limited to disturb those findings which, prima facie, appearing to have resulted in some glaring illegalities resulting into miscarriage of justice--Captioned petition fall within writ of certiorari against s passed by both Courts below in rent jurisdiction and it is settled principle of law that same cannot be disturbed until and unless it is proved that same is result of misreading or non-reading of evidence--Question, so surfaced, needs to add that rent jurisdiction has got nothing to do with- title or ownership but shall be competent only if there exists relationship of landlord and tenant--Equally such dispute, if any, would not be available to, be presented for ˜determination/adjudication because such adjudication/determination is not within competence/jurisdiction of Rent hierarchy--Needless to add that if any observation in that regard is made by a Rent Controller or appellate authority thereof, same would not cause any prejudice to competent of a Civil Court to decide such controversy--Decision of competent Civil Court on any civil dispute shall prevail--Petitioner, once having admitted to be tenant, cannot deprive respondent from possession of property only which, too, on ground that there is dispute between two wives of late Muhammad Ishaque (landlord), who was residing in that premises--Mst. Atia Ishaque was also residing in that premises at that time and still she is residing there--Moreover, there are concurrent findings of both Courts below wherein findings regarding question of relationship of landlord and tenant as well default have properly and legally been adjudicated--With regard to earlier order of this Court whereby case was remanded back with direction to…

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