Law:

Section: 17

  Cantonments Rent Restriction Act (XI of 1963)-- ----S. 17---Qanun-e-Shahadat (10 of 1984); Art. 118---Relationship of landlord and tenant---Proof---Onus to prove existence of relationship of landlord and tenant between the parties was on landlord who was seeking ejectment of tenant from premises---Landlord filing copy of written rent agreement but withholding the original---Evidence on point of relationship of landlord and tenant between the parties being full of contradictions was unreliable---Very basis for initiation of ejectment application was existence of relationship of landlord and tenant between the parties---Property in question, wag owned by respondent and in possession of appellant, yet respondent could not establish that he had inducted appellant in the 'property as his tenant---Held, in the absence of convincing evidence establishing relationship of landlord and tenant between the parties, proceedings before Rent Controller were coram non judice, ultra vires and illegal---Order of ejectment was set aside in circumstances. (pp. 420, 424] A & C National Bank of Pakistan v. Messrs Fine Art Textile Industry etc. 1991 CLC Note 75 at p.59; Muslim Commercial Bank Ltd v. Syed Ahmad Saeed Kirmani 1991 CLC 140; Ch. Nasrullah Khan v. Muhammad Ramzan and others 1991 CLC 104; Mst. Roshan Bi and others v. Munawar Hussain Gil 1987 MLD 3263; Ishtiaq Ali v. Muhammad Nasiruddin 1988 MLD 2526; Muhammad Bux and another v. Ghulam Rasul PLD 1982 Kar. 28; Aziz Ahmed v. Anwar Ali and others 1984 CLC 1778; Haji Rahihatullah v. Shaikh Fazal-e-Haque 1986 CLC 1731; Rafiullah Khan v. Iqbal Hussain PLD 1987 Kar. 608; Manzoor Ahmed v. Mst. Fatima Bibi 1980 SCMR 756; Nazir Hussain v. Taj Muhammad and another 1984 SCMR 1218; S. Muhammad Alam v. Mst. Aqeela Begum 1985 CLC 2791 ref.   Cantonments Rent Restriction Act (XI of 1963)--- ----S. 17---Ejectment application---Landlord cannot prove a fact which was not pleaded by him in his application for ejectment. [p. 421] B Muslim Commercial Bank Limited v. Syed Ahmad Saeed Kirmani 1991 CLC 140 rel. Rehmat Elahi for Appellant. Abdul Majeed for Respondent. Dates of hearing ith February, 24th March, 15th and 19th May,…