| Citation(s) |
|---|
| 1991 SLD 1685 = 1991 CLC 1364 |
Lahore High Court
Writ Petition No3459 of 1983, heard on 28th April, 1991.
Presented By: Before Malik Muhammad Qayyum, J
Ghulam Sabir Kaifi for Petitioner. Raja Muhammad Akbar Khan for
Respondents Nos.1 and 2. Nemo for
Respondent No.3.
Writ Petition No3459 of 1983, heard on 28th April, 1991.
Presented By: Before Malik Muhammad Qayyum, J
Ghulam Sabir Kaifi for Petitioner. Raja Muhammad Akbar Khan for
Respondents Nos.1 and 2. Nemo for
Respondent No.3.
ABDUL HAFIZ KHAN --- Petitioner
VERSUS
MUHAMMAD ANWAR and others --- Respondents
Law: West Pakistan Urban Rent Restriction Ordinance 1959.
Section: 13
West Pakistan Ubran Rent Restriction Ordinance (VI of 1959)--- ---- S.13 --- Constitution of Pakistan (1973), Art. 199 --- Denial of relationship of landlord and tenant --- Remedy --- Real dispute between parties related to identity of property, remedy whereof, lay in obtaining a declaration about landlord's title to property from Civil Court --- Evidence on record before Rent Controller showed that it was difficult to resolve issue of title satisfactorily beyond any reasonable doubt ---Petitioner's claim to be the landlord of property in question, on basis of his title, being not free from doubt, he was directed to establish his title before Civil Court prior to seeking his remedy from Rent Controller. Rehmat Ullah's case 1983 S C M R 1064 rel. West Pakistan Urban Rent Restriction Ordinance (VI of 1959)--- ---- S.13 --- Constitution of Pakistan (1973), Art. 199 --- Former suit filed by petitioner wherein he had pleaded that respondents were tenants under him, had been dismissed --- Effect --- Petitioner having filed former suit without having obtained permission either from Rent Controller or of any higher forum, dismissal of same would not bar fresh suit which would be filed on the direction of High Court --- Constitutional petition was, however, dismissed in circumstances. Ghulam Sabir Kaifi for Petitioner. Raja Muhammad Akbar Khan for Respondents Nos.1 and 2. Nemo for Respondent No.3. Date of hearing: 28th April, 1991. JUDGMENT This petition under Article 199 of the Constitution of Islamic Republic Of Pakistan, 1973 arises out of an application under Section 13 of the Punjab Urban Rent Restriction Ordinance, 1959 filed by the petitioner wherein it was alleged that respondents No.1 and 2 were in possession of part of property bearing No.3340/3 Mohallah Saeed Abad, Khushab as tenants under him and were liable to be ejected for the reason that they had failed to pay the rent due and Were defaulter and further that they had caused damage to the property which has resulted in depreciation of its value and utility. It was also alleged that the premises in question were required by the petitioner for his own use. In the written statement…