Law: West Pakistan Urban Rent Restriction Ordinance 1959.

Section: 13

West Pakistan Urban Rent Restriction Ordinance (VI of 1959)-- ---S. 13---Ejectment proceedings---Tenant, in first round of litigation, admitting execution of rent deed and payment of rent to landlady, could not, in second round of litigation, put up plea of non-existence of relationship of tenancy. Muhammad Nawaz and others v. Sh. Abdul Latif and another 1971 SCMR 198; Mst. Sabira Sultana and another v. Bangui Khan and others 1974 SCMR 510; Mirza Adam Khan v. Muhammad Sultan PLD 1975 SC 9; Province of Punjab and another v. Mufti Abdul Ghani PLD 1985 SC 1; Rehmatullah v. Ali Muhammad and another 1983 SCMR 1064 and Nazir Ahmad v. Mst. Sardar Bibi and others 1989 SCMR 913 ref. West Pakistan Urban Rent Restriction Ordinance (VI of 1959)-- ---S. 13---Relationship of landlord and tenant initially admitted by tenant-- Tenant, notwithstanding the purchase by him of a certain share from the disputed property, could neither challenge the status of landlord/landlady qua the suit property, nor the existence of relationship of landlord and tenant between them. West Pakistan Urban Rent Restriction Ordinance (VI of 1959)-- ---S. 13---Ejectment proceedings---Matters to be determined by the Rent Controller---Rent Controller, under Rent Restriction Ordinance is to determine the question of existence of relationship of landlord and tenant and is to regulate said relationship in accordance with the provisions of Ordinance VI of 1959-- Existence of relationship of landlord and tenant having been established and landlord having satisfied the Rent Controller about his title, jurisdiction of Rent Controller would be available to order ejectment on anyone or more of the grounds given in S.13 of the Ordinance ---Question pertaining to partition of joint property viz. a co-owner in physical possession of a part of joint property which was not in excess of his share was allowed ordinarily to retain that very part and his possession even on partition was not to be disturbed and such like allied questions were matters which could not be gone into in the summary enquiry which a Rent Controller under the law was required to hold---Such questions could be determined by a Civil Court in a…