Law: Cantonments Rent Restriction Act, 1963

Section: 2 , 17

Cantonments Rent Restriction Act (XI of 1963)--- ---- Ss. 2(g)(j) & 17 --- Relationship of landlord and tenant between the parties having been admitted by tenant, Rent Controller should have framed issue with regard to maintainability of application and not with regard to relationship. Khalid Latif for Appellant. A, Hafeez Lakho for Respondent. Date of hearing: 9th September, 1990. JUDGMENT This appeal has been filed challenging the order passed by the Additional Controller of Rents, Clifton, Karachi, on 25-6-1987 in Rent Case No.47/86. Briefly the facts are that the above-said case was filed by the present respondent Mrs. S. Aftab mainly on the grounds of nuisance, conversion, unauthorised additions and alterations and personal requirement. During the proceedings, when the applicant was cross-examined, the learned counsel for the present appellant submitted an application to the effect that the applicant being foreigner is not entitled to hold the property ir, Pakistan and, therefore, the earlier application filed by her is not maintainable in law. This application was dismissed by the Rent Controller by an order passed on 1.7-1-1987, wherein it was observed that the present appellant in the written objections filed before the Rent Controller had admitted to be the tenant of the present respondent and, therefore, the question of non-maintainability of application before him would arise as the parties are governed by the definition of the landlord and tenant as given in Cantonments Rent Restriction Ordinance, 1963. However, it was also observed in the said order by the Rent Controller that in case the present respondent was not entitled to hold or own any property in Pakistan, it would be for the competent forum to decide and that he had no jurisdiction to decide the said issue. Subsequently, the opponent moved another application for recalling the above-said order, but the learned…