Law: West Pakistan Urban Rent Restriction Ordinance 1959.

Section: 13

  West Pakistan Urban Rent Restriction Ordinance (VI of 1959)--- ---S.13---Denial of relationship of landlord and tenant---Rent Controller dismissed petition for ejectment ---Appellate Authority ordered ejectment of tenant straightaway, after deciding the issue as to relationship---Legality---Both the Courts below had proceeded in a very casual and careless manner---Rent Controller before framing preliminary issues should have found out reasons for denial of relationship and if necessary should have recorded better statement of petitioner/tenant---Where relationship of landlord and tenant was denied framing of preliminary issue was not necessary in each and every case---Trial Court's order was thus not in accordance with law. Abdur Rehman v. Wilayat Begum PLD 1974 Note 19 at p. 55; Muhammad Hussain v. Muhammad Bashir and 4 others P L D 1974 Lah. 446; Muhammad Hussain v. Additional District Judge, Gujranwala and 2 others 1988 S C M R 1937; Muhammad Yousuf v. Khalifa Asghar Hussain 1980 S C M R 886 and Nisar Ahmad v. Nazar Muhammad P L D 1974 Lah. 489 ref. West Pakistan Urban Rent Restriction Ordinance (VI of 1959)--- ----S.15---Ejectment of tenant on ground of landlord's personal use of property--Appellant Authority having straightaway ordered ejectment did not apply its mind that matter had to be remanded to Rent Controller for framing issues on merits and decision in accordance with law---Personal use of property has to be established like any other factual controversy---Appellate Authority's order was not sustainable in circumstances. West Pakistan Urban Rent Restriction Ordinance (VI of 1959)--- ----S.13---Constitution of Pakistan (1973), Art. 199---Constitutional jurisdiction, exercise of---Ejectment of tenant having been sought on ground of personal use, Appellate Authority in the absence of evidence on factual controversy should have remanded the case to Rent Controller and not decided the same straightaway---Constitutional petition was partially accepted; order as to acceptance of ejectment petition was set aside---Case was remanded to Rent Controller for framing of issues on merits and decision in accordance with law. Ijaz Feroze for…