Law: West Pakistan Urban Rent Restriction Ordinance 1959.

Section: 2

West Pakistan Urban Rent Restriction Ordinance (VI of 1959) --- ---- S. 2(c)(i) --- Constitution of Pakistan (1973), Art.199 --- Relationship of landlord and tenant --- Constitutional jurisdiction, exercise of --- Appellate Court below after re-appraisal of evidence on record, recorded a finding of fact that relationship of landlord and tenant was not established between parties and that property in dispute being a trust property, Rent Controller had no jurisdiction in the matter --- Finding of fact of Appellate Court below based on evidence on record, could not be interfered with in Constitutional jurisdiction of High Court. Sh. Khushi Muhammad v. Anjuman Himayat-i-Islam, Lahore P L D 1975 SC 54 ref. Irshad Ahmad Qureshi for Petitioner. Muhammad Sharif Chauhan for Respondent No.2. Date of hearing: 16th March, 1991. JUDGMENT This petition under Article 199 of the Constitution of Islamic Republic of Pakistan calls in question tile order dated 18-4-1989 passed by tile learned Additional District Judge, where he set aside the order dated 2-5-1988 passed by the Rent Controller, Lahore, who accepted the ejectment application riled by the, petitioner in respect of two shops (the number of which has not been given in the ejectment petition) situate at Madrassa Darul Aloom Al-Baqiat-ul-Salihat, Ravi Road, Lahore. The facts relevant for disposal of this case are that the petitioner herein riled an application for ejectment against respondent No.2 from the shops in dispute on the ground that the aforesaid respondent had executed a rent note in favour of the petitioner but violated the terms of tenancy by causing damage to the property and also committed default in the payment of rent. The learned Rent Controller in view of pleadings of the parties, issues framed there under and evidence led by them, accepted   the application -by order dated 2-5-1988 and ordered eviction of respondent No.2 from the disputed shops. On appeal, the learned Additional District Judge, Lahore, after re-appreciating the evidence, recorded a Finding of fact that relationship of landlord and tenant was not established between the parties, inasmuch as, the Auqaf Department did not have any…