Law: West Pakistan Urban Rent Restriction Ordinance 1959.

Section: 13

West Pakistan Urban Rent Restriction Ordinance (VI of 1959)-- ----S.13---Evacuee Trust Properties (Management and Disposal) Act (XIII of 1975), Ss.8 & 10---Constitution of Pakistan (1973), Art.199---Ejectment of tenant for default in payment of rent---Tenant had taken plea that property in question, was Evacuee Trust Property and that he had been paying rent to the Authority-- Rent Controller having referred such question to Chairman, Evacuee Trust Properties, Authority's finding. was that property in question was not Evacuee Trust Property, whereupon, Rent Controller ordered ejectment of tenant-- Validity---Tenant's plea, that his denial of tenancy was not contumacious inasmuch as property claimed by landlord was part of large building which was Evacuee Trust in nature and on account of that fact he had been paying rent to Evacuee Trust Property Board, was not well-founded---Even after Chairman, Evacuee Trust Property on reference had found the property to be not Evacuee Trust, no payment on account of rent was made by tenant to landlord, for which there was absolutely no justification---No rent having ever been paid by tenant to landlord, no exception could be taken to the findings recorded by two Courts below that tenant was defaulter and liable to be ejected---Constitutional petition having no force was dismissed in circumstances. Muhammad Rashid Malik for Petitioner. Rana Bashir Ahmad Khan for Respondent No.1. Nemo for Respondents Nos.2 to 4. Date of hearing: 22nd April, 1991. JUDGMENT An application under section 13 of the Punjab Urban Rent Restriction Ordinance, 1959 was filed by respondent No.l against the petitioners on 25th of May, 1976 seeking their eviction from a part of property No. H-158 Guru Bazar, Mianwali, on the grounds of default in payment of rent and personal use. In the written statement filed by them, the petitioners denied the relationship of landlord and tenant between the parties and instead pleaded that the property in question was evacuee trust vesting in the Evacuee   Trust Property Board to whom they were paying rent. It appears that a reference was made by the…