Law: West Pakistan Urban Rent Restriction Ordinance 1959.

Section: 2 , 13 , 19

West Pakistan Urban Rent Restriction Ordinance (VI of 1959)--- ----Ss. 2 (b) (c) (i), 13 & 19---Constitution of Pakistan (1973), Art. 199---Plea of tenant that jurisdiction of Rent Controller had stood ousted as premises in dispute was a factory, was repelled by Rent Controller holding that premises had not been leased out as a factory but as a rented land---Order of Rent Controller having not been challenged by tenant in appeal filed by him before Appellate Court, it did not lie in his mouth to raise that objection before High Court in Constitutional petition. Abid Hussan Minto for Petitioner. S. Iqbal Haider Zaidi for Respondent No.l. 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 petitioner Corporation seeking its eviction from the premises in dispute situate in Shahdara Jia Musa, Lahore, on the ground of default in payment of rent and damage to the property. In the written reply filed by the petitioner relationship of landlord and tenant between the parties was denied. It was also objected that Sh. Nazir Ahmad, was not the Managing Director of respondent No.l, and therefore, had no locus standi to file the petition. Out of the pleadings of the parties a solitary issue in the following terms was framed by the Rent Controller:--- "Whether there exists relationship of landlord and tenant between the parties? In support of its case respondent No.l examined Muhammad Saleem Rana A.W.1, Mohammad Rafique A.W.2, Tahir Nazir A.W.3 and Nazir Ahmad its Direction appeared as A.W.4. lease deed executed between the parties was produced as Exh. A.1. In rebuttal the petitioner examined Muhammad Ijaz R.W.1, Mumtaz Ahmad R.W. 2 and Khurshid Ahmad Khan R.W.3.   It appears that am application under Order VII, rule 11, C.P.C. was filed by the petitioner objecting to the assumption of jurisdiction by the Rent Controller on the ground that the property in dispute was an industrial concern as such fell outside the purview of Punjab Urban Rent Restriction Ordinance, 1959. The same plea was reiterated in the written arguments filed by the…