Law:

Section:

(a) Specific Relief Act (I of 1877)--- ----S.42---West Pakistan Urban Rent Restriction Ordinance (VI of 1959), Preamble & S.2(c)---Suit for declaration of title of ownership----Res judicata, principle of---Applicability---Suit of plaintiff was rejected by courts below, inter alia, on the grounds that issue of title of ownership of suit shop had already been decided by the Rent Controller on an ejectment application filed by the defendants and that the plaintiff failed to bring on record any document of ownership---Validity---Perusal of impugned orders revealed that the courts below recorded findings without the framing of issues, and decided the matter while relying on the documents, which were yet to be established by the parties after the production of their respective evidence---Issue was whether the property in question was a joint-property, and owned by the parties---Such factual controversy could only be resolved on the basis of oral and documentary evidence produced by the parties---Proceedings before the Rent Controller had no restraining effect on the proceedings pending before a court of general jurisdiction for the determination of title of ownership---Proceedings under the West Pakistan Rent Restriction Ordinance, 1959 were restricted between the persons litigating under the titles of landlord and tenant in respect of rented premises---Term "landlord" in the said Ordinance was used in a wider sense and may include the owner of the premises, and was also extended to ,and included, any person who was entitled to receive the rent---Landlord may not be the owner of the property but he only derived the title of landlord being authorized to act on behalf of the owner---Rent Controller had restricted jurisdiction and could declare the title of the parties, only to the extent of the existence of title of landlord and tenant and no declaration as to the extent of the existence of the title of ownership of property could be made in rent proceedings---Such declaration could only be made by a court of general jurisdiction in a suit filed under provisions of the Specific Relief Act, 1877 as was done by the plaintiff---Courts below had made an error while…

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