Law:

Section:

West Pakistan Urban Rent Restriction Ordinance (VI of 1959)-------Ss. 2(c)(i), 13(2)(i) & 15---Constitution of Pakistan, Art.199---Constitutional petition---Ejectment of tenant on ground of default in payment of rent---Rent Controller in the light of divergent pleas of the parties framed preliminary issues to the effect whether the relationship of landlord and tenant existed between the parties and the court had the jurisdiction to entertain the ejectment petition---Rent Controller accepted application filed by the petitioner (landlord) and passed the decree for ejectment of the respondents (tenants)---Appellate Court, however, set aside of Rent Controller---Validity---Petitioner (landlord) could not prove the preliminary issue regarding the existence of relationship of landlord and tenant---Appellate Court while deciding the appeal, had rightly set aside the findings of Rent Controller after undertaking the review of entire material on the record, which could not be interfered with by High Court; as without determination of ownership, question of tenancy of demised premises, could not be decided---Decree passed by Appellate Authority, was in accordance with law not suffering from any illegality or jurisdictional error, was maintained---Constitutional petition was dismissed. Rehmat Ullah v. Ali Muhammad 1983 SCMR 1064; Umer Hayat Khan v. Inayat Ullah Butt and others 1994 SCMR 572; Syed Aijaz Hussain v. Azeem Ullah 1984 CLC 2908 and PLD 1981 SC 246 ref. Haji Maqsood Ahmed for Petitioner. M. Abdul Aziz Qureshi for Respondent. Date of hearing: 14th January, 2011. JUDGMENT SYED SAJJAD HASSAN SHAH, J.--- Haji Muhammad Tahir, the petitioner called in question while invoking the Constitutional Jurisdiction of this Court, the propriety and validity of the judgment and decree passed by the learned Additional District Judge-XI, Peshawar, dated 17-11-2009, whereby the judgment and decree passed by learned Rent Controller, set aside and the appeal of the respondent was accepted and rejected the ejectment petition filed by the petitioner with the direction to first obtain declaration of his ownership rights with respect to the disputed shop and then may move for…

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