Law: West Pakistan Urban Rent Restriction Ordinance 1959.

Section: 13, 2 (d)

(a) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)  S. 13 read with S. 2 (d)---Application for ejectment-Relationship of landlord and-tenant-Mere fact that Rent Controller had not framed an issue regarding relationship of landlord acid tenant abed had not called upon parties to practice evidence thereon-Held. does not, by itself, constitute a valid ground for finding fault with his order to effect that there was such relationship between parties. Where Additional District Judge had, on appeal, taken exception to order of the Rent Controller for reason that he had failed to frame an issue and record evidence in regard to dispute relating to tcla6onship of landlord and tenant between parties :         Held, it is true that when such a dispute is raised in a case the Rent Controller cannot assume jurisdiction there unless the dispute is resolved by him in favour of the person who has filed the case, but it is not always necessary to fame an issue ire the formal context and also record evidence thereon. If these is sufficient material on the record to satisfy the Rent Controller that the relationship of landlord and tenant does exist between the partic6 he can record a finding in this behalf and proceed. further with the case without framing art issue and recording evidence in respect of the existence of the tenancy. However, if the material on the record does not enable the Rent Controller to conclude the controversy, he should frame an issue and invite the parties evidence thereon. and then decide whether the relationship of landlord arid tenant exists between the parties. There fore, the mere fact that the Rent Controller had not framed an issue regarding the said relationship and had also not called upon the parties to produce evidence thereon did not. by itself, constitute a valid ground .for finding fault with his order to the elect that there was relationship of land lord and tenant between the parties. Muhammad Sharif v. Sh. Muhammad Amin P L D 1977 Lah. 516 and Raja Muhammad Afzal Khan ere. v. Zarreaa Akram ere. P L D 1971 Lah. 662 rel, (b) West Pakistan Urban Rent Restriction Ordinance (VI of…