Case Details

Citation(s)
1979 SLG 114 1979 SLD 114 1979 PLD 39
Quetta High Court
Second Appeal from Order No. 3 of 1975, decided on 15th December 1977. Dates of hearing: 10th, 11th, 12th, 18th and 29th October, 1977.
MIR HAZAR KHAN KHOSO, J
Azizullah Memon for Appellant. Munawar Ahmed Mirza for
Respondents.

Mst. KHURSHID . --Respondent/--Appellant

VS

Haji ABDUL HADI AND 4 Others --Respondents

Law:

Section:

(a) West Pakistan Urban Rent Restriction Ordinance (VI of 1959) S. 13(2) Jurisdiction Rent Controller's jurisdiction to entertain or decide applications under Ordinance Dependent upon existence of relationship of landlord and tenant between parties Dispute existing in respect of relationship of landlord and tenant between parties Incumbent upon Rent Controller to frame issue as to existence or non existence of such relationship irrespective of fact whether objection raised by tenant or by landlord Rent Controller, held, possesses no jurisdiction to proceed further into matter in absence of 'such adjudication. [Jurisdiction]. Muhammad Ismail v. Israr Ahmed P L D 1961 Lab. 601; Mst. Karam BIN v. Mir Muhammad Hassan and others P L D 1962 Quetta 67; Akhtar All Parvez v. Altafur Rehmun P L D 1963 Lab. 390; Mehdi Hassan v. Ghulam Muhammad etc. P L D 1964 Lab. 648; Abdullah Bhai and others v. Ahmed Din P L D 1964 S C 106; Safdarali v. Muhammad Ali P L D 1974 Quetta 1 Faqir Muhammad v. Dr. Muhammad Yasin and 2 others P L D 1964 Lab. 686; Ibrahim v. Muhammad Hussain P L D 1975 S C 457 and Yousaf Ali v. Muhammad Aslam Zia and 2 others P L D 1958 S C (Pak.) 104 ref. (b) West Pakistan Urban Rent Restriction Ordinance (VI of 1959) S. 13(2) Jurisdiction Landlords applicants in their application for amendment of original application under S. 13(2) stating respondent No. 2 having joined on her own assertions as party in proceedings and being in occupation of premises liable to pay rent By such words alone, held, landlords cannot be said to have accepted respondent No. 2 (appellant) as their tenant Landlords being clearly reluctant to accept appellant as their tenant, dispute, held further, existed not between a tenant and a landlord hence provisions of Ordinance could not be invoked and Rent Controller ceased to have jurisdiction in matter. [Jurisdiction]. JUDGMENT By this second appeal under section 15 of the Urban Rent Restriction Ordinance of 1959, the appellant Mst. Khurshid w/o Sardar Khan has assailed the order dated 27th May 1975, whereby the District Judge, Quetta dismissed her two appeals and confirmed her summary ejectment from the premises. 2. The necessary facts…
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