Law:

Section:

West Pakistan Urban Rent Restriction Ordinance (VI of 1959)-----Ss. 13 & 13-A-Ejectment for default and personal bona fide need-Relationship of landlord and tenant-Decree on which claim of ownership by landlord was based, impeached on ground of fraud and misrepresentation-Order or decree obtained by fraud, not void but only voidable Such decree or order remains operative as long as same was not set aside, rescinded or recalled by competent authority or Court in proper proceedings-Superior Court or Court of general jurisdiction has power to disregard, as a nullity, an order obtained by fraud or collusion, or on ground of want of jurisdiction in Court or authority making same-Such an order cannot' be collaterally impeached before Tribunal which- enjoys only a special or limited jurisdiction in a defined sphere-Held, tenant could not collaterally challenge decree obtained by landlord declaring his title to property in dispute in proceedings under West Pakistan Urban Rent Restriction Ordinance, 1959 and forums established under that Ordinance were not competent to impeach decree as void and of no legal effect-Rent Controller and for that matter appellate authority are competent to determine preliminary issue whether relationship of landlord and tenant existed between parties-Such finding will not prevail as against decree passed by Court of plenary jurisdiction until set aside in appeal, revision or review in proper proceedings by a separate suit in competent Court of law-Presence of decree in band of landlord, held further, was therefore, an insur­mountable hurdle in way of forums under West Pakistan Urban Rent Restriction Ordinance, 1959 to hold that landlord was not owner District Judge therefore was rot competent to enquire into antecedent facts culminating in decree of Civil Court to hold same as a nullity in law in circumstances. Chief Settlement Commissioner v. Muhammad Fazil PLD 1975 S C 331 ref. Ch. Abdul Rehman, Senior Advocate Supreme Court with Ch. Akhtar Ali, Advocate-on-Record for Petitioner. Nemo for Respondent. Date of hearing 2nd November, 1983. ORDER ZAFFAR HUSSAIN MIRZA, J.-Syed Mueenuddin, the petitioner herein, seeks leave to appeal from…

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