Law:

Section:

Sind Rented Premises Ordinance (XV1I of 1979)--------- Ss. 13 & 14--Ejectment proceedings-Landlord and tenant, rela­tionship of-Permanent Transfer Deed-Conclusiveness of--Held, Rent Controller not an appropriate forum for deciding questions of fraud and collusion in. respect of Permanent Transfer Deed-Displaced Per­sons (Co4pensation and Rehabilitation) Act (XXVIII of 1958), S. 10. Khalid M. Ishaque, Advocate Supreme Court and Nizam Ahmad, Advo­cate-on-Record for Appellants. Muhammad Sharif Advocate Supreme Court and M. S. Ghaury, Advo­cate-on-Record for Respondent, Date of hearing: 15th August, 1983, ORDER SHAFIUR RAHMAN, J.--This petitioner seeks leave to appeal against the judgment of the Karachi High Court, dated 20-5-1982 whereby the findings of the learned Rent Controller were reversed and the case was remanded to him to decide the remaining issues. 2. The respondent Abdul Majid Khan holding a permanent transfer deed for the property bearing City Survey No. 116 Custodian Nos. A-8 to 11) in the town of Jamesabad (Kot Ghulam Muhammad), district Tharparkar, sought eviction of petitioner No. 4 as his tenant and of petitioners 1 to 3 as sub-tenants. A preliminary issue about the existence of relationship of land­lord and tenant was framed. The contention of the petitioners as contained in their reply to the ejectment application was that the respondent "had managed with the settlement staff and cot C. S. No. 116, fraudulently added at the time of issuance of his P. T. D. and the very allotment of C. S. No. 116 in the name of the applicant is fraudulent, illegal, void ab initio and of no legal consequence." The learned Rent Controller preferred the oral evidence of the petitioner over the documentary evidence of the respondent for the sole reason that the latter did not appear in the witness-box and have himself cross-examined. The High Court reversed this finding on the ground that the Rent Controller being an authors. having…

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