Law: West Pakistan Urban Rent Restriction Ordinance, 1956

Section: VI,13,13(6),13A

West Pakistan Urban Rent Restriction Ordinance (VI of 1959)-------Ss.13-A & 13(6)---Ejectment of tenants---Denial of relationship of landlord and tenant---Deposit of rent before the Rent Controller---Petitioners/ subsequent transferees of property in dispute posing themselves to be landlords filed eviction petitions on the grounds of default, personal need and violation of terms of agreement---During the pendency of eviction petition transferees filed application for deposit of rent in court---Transferees claimed themselves to be landlords on the basis of an unregistered sale deed---Transferors and erstwhile landlord were not impleaded in the ejectment petitions---Contention of the tenants was that no notice was served upon them as to change of ownership--Application for deposit of rent filed by transferees was dismissed by the Rent Controller---Validity---As the unregistered deeds relied upon by the tenants pertaining to the transfer of ownership from their vendors still required recording of evidence because neither the transferors were the party to the ejectment applications nor they had yet been examined by the transferees as witnesses in order to prove their status as transferees and then as landlords by proving that the tenants were served with the notice of change of ownership, as alleged by them, thus, in view of denial of the relationship of landlord and tenant, no order under S.13(6) of the West Pakistan Rent Restriction Ordinance, 1959, could be passed for directing the tenants to deposit the rent before the Rent Controller.--Constitutional petition was dismissed accordingly.Mst. Razia Begum and another v. Senior Civil Judge and others PLD 1996 Peshawar 08; Ghulam Rasool v. Khurshid Ahmad 2000 SCMR 632; Mst. Miskina Jan v. Rehmat Din 1992 SCMR 1149; Government of Sindh through Advocate General, Sindh, Karachi v. A.M. Qureshi through Legal Heirs and others 2001SCMR 2012; Irfanullah Shah v. Wahabullah and another 2003 YLR 1195; Muhammad Wakil Khan v. Additional District Judge, Lahore and 3 others 2007 CLC 1151 and Babu Din v. Civil Judge/Rent Controller, Multan and 6 others 2006 CLC 926 rel.Date of hearing: 5th June, 2024.JUDGMENTMUHAMMAD NAEEM…