Law: Code Of Civil Procedure, 1908.

Section: I Rule 10,12(2)

Law: Sindh Rented Premises Ordinance, 1979

Section: 18

Law: Constitution of Pakistan, 1973

Section: 199

REMARKS

Ejectment Petition under section 13 of Rent Restriction Ordinance1959.
Application for impleadment in the ejectment petition under order 1 rule 9&10 CPC.
It is an established law that Rent Controller cannot decide the question of title as to whether the vendor of the petitioner was the owner from whom he allegedly derives title of the rented premises and, thereafter, had entered into any agreement of tenancy with Malik Javed because these matters are pending adjudication before the Civil Court and even an application under Section 12(21 CPC is also subjudice. Learned Rent Controller has got limited jurisdiction to determine the relationship of landlord and tenant and ancillary matters thereto, determination of the ejectment of the tenants and fair rent. The petitioner may have purchased the property, but based on such purchase, neither could he resist the application for ejectment of the tenant nor his presence before the Rent Controller is indispensable. The petitioner may get determine his right of ownership not only against respondents No. I to 3, but also prove the validity, authenticity, and correctness of the deed through which he has allegedly purchased the rented premises, but before the court of ultimate jurisdiction and the Rent Controller cannot enter into any such dispu0e because of his limited jurisdiction. The tenant has already admitted his relationship with respondents No. I to 3 being their tenant, thus, on establishment of the grounds alleged by respondent No. I to 3 the tenant will have to surrender the possession of the rented premises to the landlord and thereafter, he or anyone including petitioner could file a suit for determination of his right before the civil court or through pending cases he may establish his title.

Summary of the Judgment: Impleadment Rejected

This constitutional petition (W.P. No. 5016-P of 2024) was filed by Abu Bakar Ali Shinwari, who sought impleadment as a party in a pending rent ejectment case before the Rent Controller. He claimed to have purchased the rented shop through a registered deed and asserted that his presence was necessary in the proceedings to protect his ownership rights.