Law:

Section:

Cantonments Rent Restriction Act (XI of 1963)--- ----S. 17---Ejectment petition---Default in payment of rent and personal need, grounds of---Denial of relationship of landlord and tenant between parties as respondent claimed to have inherited property from his father---Acceptance of ejectment petition by Rent Controller---Validity---Both parties had not brought on record title documents of property---Evidence on record showed that in record of Cantonment Board, earlier property was owned by father of respondent, whereafter same was transferred in name of father of petitioner---Utility connections installed at property were in name of father of respondent--Default in payment of rent alleged in ejectment petition was for last three years, but petitioner during such period had not made any effort provided in law for its recovery---Both parties had examined only one witness, but had not summoned any witness from office of Cantonment Board in support of their contentions---Property was controlled and administered by Cantonment Board---Documentary evidence pertaining to record of Cantonment Board and other departments had not been proved in accordance with law---Rent Controller had not even read, discussed and interpreted documentary evidence available on record---Rent Controller in impugned order had not given any reason or finding regarding title of property---Legal obligation of Rent Controller was to discuss each and every document placed on record by parties to solve issue of relationship by giving definite findings thereon---High Court accepted appeal and remanded case to Rent Controller for its decision afresh after giving fair opportunities to parties to prove their respective contentions. Muhammad Naeem v. Abdul Wahid and others 1999 MLD 1342; Province of Punjab through Education Secretary and another v. Mufti Abdul Ghani PLD 1985 SC 1; Rehmatullah v. All Muhammad and another 1983 SCMR 1064; Barkat Ali and another v. Additional District Judge, Lahore and others 1994 MLD 1920; Haji Muhammad Ramzan v. Mian Jamil Shah PLD 1967 Pesh. 380; Umar Hayat Khan v. Inayatullah Butt and others 1994 SCMR 572; Sharif Hussain and others v. Hay. Pir Bakhsh and others 1983…