Law:

Section:

Constitution of Pakistan (1973)--Art. 185 (3) read with West Pakistan Urban Rent Restriction Ordinance (VI of 1959), Ss. 13 & 13 A Ejectment on grounds of default in payment of rent and personal requirement of landlord -Relationship of landlord and tenant established, notice under S. 13 A of Ordinance proved to have been served and default in payment of rent not disputed Findings of fact by Courts below ¬Held, not open to further scrutiny by Supreme Court. ORDER S. A. NUSRAT, J. Leave in this petition is sought from the judgment of the Sind High Court dated 17 4 1983 whereby the petitioner's First Rent Appeal challenging the order of the Rent Controller, Karachi, dated 13 5 1981 was dismissed. 2. The dispute relates to the western portion of the house situated on plot No. 71/4A, Bihar Colony, Mason Road, Karachi which has been in occupation of the petitioner who had initially taken the same from Mst. Aisha Begum. The respondents filed an application for ejectment of the petitioner from the said premises on 4 10 1978 on the ground of default in payment of rent and personal bona fide requirement stating that the disputed property had since then been purchased by them. It was averred that notice under section 13 A of the Ordinance in this behalf was duly served upon the petitioner by registered post A. D. which was neither replied nor any rent was paid to them as required under the notice. 3. The application was resisted by the petitioner and a preliminary objection was raised that there existed no relationship of landlord and tenant between the parties. It was denied that the property was purchased by the respondents and on the contrary it. was averred that Mst. Aisha Begum bad agreed to transfer the disputed house to the petitioner but since she had with mala fide intention attempted to transfer the same on high consideration, a suit for declaration and injunction was filed by the petitioner in the Court of Civil Judge Karachi which was pending. On such pleadings the learned Rent Controller framed a preliminary issued with regard to relationship of landlord and tenant between the parties which, after recording of evidence war. decided against the petitioner…

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