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Constitution of Pakistan (1973)----Art. 185(5) read with West Pakistan Urban Rent Restriction Ordinance (VI of 1959), Ss. 13(2) (iii) & 13(2) (ii)(b) and Transfer of Property Act (IV of 1882), S. 108, cl. (p) Proposition that notwithstanding rent note containing no express stipulation forbidding making unauthorised constructions principle contained in cl. (p) of S. 108, Transfer of Property Act, 1882 could be invoked and applied in disposal of case and question whether case fell under S. 13(2) (iii) or S. 13(2) (ii)(b) of Ordinance VI of 1959 Held, substantial questions of law of considerable general importance Leave to appeal granted. ORDER MUHAMMAD AKRAM, J. This is a petition for special leave from the judgment and order dated 2nd of June 1979, made by a learned Judge of the Lahore High Court at Lahore in accepting a second appeal filed by late Malik Bahauddin Advocate, predecessor of the respondents herein against the present petitioner. The relevant facts in brief are that to begin with the first and the top floor of the property bearing No. SV 17 S 2/1 commonly known as 4 Mozang Road, Lahore, was let on rent to the petitioner, namely Mr. Muhammad Anwar Sipra Advocate by its owner Mst. Zahoor Fatima on the 10th of June 1970. She sold the property to late Malik Bahauddin, Advocate and the petitioner then attorney to him tenant. On the Ist of December 1975 late Malik Bahauddin filed an ejectment application against the petitioner before the Rent Controller, Lahore, on a number of grounds, inter alia, that he had raised unauthorised construction in the rented premises in violation of the terms of the tenancy between the parties. In his written reply the petitioner admitted the tenancy but denied the allegations of the landlord for his ejectment from the premises. The pleadings of the parties gave rise to a number of issues framed by the Rent Controller. But for the present purpose we are concerned with issue No. 2 only which is reproduced below: "Whether the respondent (now petitioner) has made some unauthorised construction and has violated the terms of tenancy and is liable to be ejected ?" After recording the evidence the learned Rent Controller,…

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