Law:

Section:

Constitution of Pakistan (1973)--- Art. 185(3)-West Pakistan Urban Rent Restriction Ordinance (VI of 1959), S. 13-Ejectment for default in payment of rent and per­sonal need of landlord-Tenant denying relationship of landlord and tenant between parties-Question of facts already heard and decided by Courts below in proceedings under West Pakistan Urban Rent Restriction Ordinance, 1959 and by High Court in its Constitutional jurisdiction-Case not fit for Supreme Court to go into question of fact already considered by three Courts--Leave to appeal refused with observation that question of title in respect of property in dispute was open to be moved before civil Court. Sh. Hamid Mukhtar, Advocate Supreme Court with Sh. Abdul Karim, Advocate-on-Record for Petitioner. Nemo for Respondents. Date of hearing: 25th October. 1983. ORDER ASLAM RIAZ HUSSAIN, J.-This petition by Fazal Din etc. is directed against. the order of the learned Single Judge of the Lahore High Court (MuItan Bench), dated 9-7-1983, dismissing their writ petition in a rent matter. 2. Facts of the case, briefly, are that the respondents filed an applica­tion under section 13 of the West Pakistan Urban Rent Restriction Ordinance, 1.959, against the petitioners praying for their ejectment from Khasra Nos. 1207/1561, 1277/2 and, 871 which, according to them (respondents) the petitioners had taken on lease from them. The grounds on which the respondents based their application were default in payment of rent and personal need of respondent No. 4. The petitioners, however, denied relationship of landlord and tenant between them and the respondents, stat­ing that they had purchased Khasra No. 871 from the respondent, that Khasra Nos. 1207/1561 and 1277/2, were not in their possession. Instead, they stated that they were, in fact, in possession of Khasra Nos. 1256/1265, 1260/1165, 315/9 and 154, which they had purchased from some other persons. The allegations of default and the personal need were also denied. 2. The learned Rent…

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