Law: West Pakistan Urban Rent Restriction Ordinance 1959.

Section: 17

West Pakistan Urbun Rent Restriction Ordinance (VI of 1959)--- ---- S. 17 --- Constitution of Pakistan (1973) Art. 199 --- Constitutional jurisdiction, exercise of --- Courts below concurrently recorded finding of fact that judgment debtor collusively handed over possession to petitioner/objector during course of execution proceedings --- Objector and judgment-debtor not only were closely related to each other, but had been working together --- Subject-mater of property in ejectment proceedings was a constructed shop whereas objector claimed to have purchased a vacant site --- Claim lodged by objector under OXXI, R.99, C.P.C. being not bona fide, was rightly rejected concurrently by Courts below and petitioner/objector was not entitled to any equitable relief in exercise of discretionary Constitutional jurisdiction of High Court. Quality Steel Corporation v. Ch. Muhammad Tufail 1984 C L C 2255 and Muhammad Yasin v. Sheikh Ghulam Murtaza P L D 1981 SC 163 ref. Hamid Malik for Petitioner. Ch. Muhammad Sadiq for Respondents. Date of hearing: 25th March, 1991. JUDGMENT This petition under Article 199 of the Constitution of Islamic Republic of Pakistan calls in question the judgment dated 5-6-1985 passed by the learned Additional District Judge, Kasur, whereby he dismissed the revision petition against the order dated 11-3-1980 passed by the learned Senior Civil Judge, Kasur, whereby he dismissed the objection petition filed by the petitioner under Order XXI, rule 99, C.P.C. The facts relevant for disposal of this petition are that Sh. Muhammad Saeed deceased the predecessor-in-interest of respondents Nos.1 to 25 filed an application for ejectment against Sardar Muhammad respondent No.26 herein on the ground of default who denied the tenancy and claimed to be the owner of the disputed property through adverse possession. In view of pleadings of the parties, the learned Rent Controller   framed a preliminary issue whether the relationship of landlord and tenant existed between the parties. This was decided in favour of Sh. Muhammad Saeed the original landlord on 4-2-1969. Consequently, the learned Rent Controller Kasur vide order dated 13-6-1969 accepted the…