Law:

Section:

(a) Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958)--- S. 30-Statutory tenancy-Property transferred under. P. T. D. as an industrial concern-In absence of declaration by Custodian, as required under S. 30, in regard to existence of a tenancy right from a date prior to 14th August, 1947 no statutory tenancy could be treated merely by issuance of P. T. D. (b) Constitution of Pakistan (1973)- ---Art. 199-Constitutional jurisdiction-Objection to jurisdiction of Tribunal if not taken before such tribunal or appellate Court, held, could be taken before 'High Court in Constitutional jurisdiction.-­[Jurisdiction]. Chittaranjan Cotton Mills Ltd, v. Staff Union P L D 1971 S C 197 and Rashid Ahmad v. State P, L D 1972 S C 271 ref. (c) Landlord and tenant- -- Oral tenancy-No proper evidence produced to show existence of oral tenancy--Pleadings of occupant of property denying existence of any tenancy-No document produced by occupant to show existence of such tenancy or payment of rent to party claiming ownership, in pursuance of tenancy-Material on record not showing that party claiming ownership could establish existence of relationship of landlord and tenant-Court, without examining legal capacity of party claiming ownership, to create such tenancy, would be falling in error in holding that oral tenancy did exist in circumstances. S. M. Zafar, Senior Advocate Supreme Court instructed by S. Inayat Hussain, Advocate-on-Record (absent) for Appellant. Fakhar-ud-Din G. Ibrahim, Senior Advocate Supreme Court assisted by Anwar Baig, Advocate Supreme Court instructed by M. A. Siddiq, Advocate-­on-Record for Respondents Nos. 2 to 18. Dates of hearing: 2nd and 5th May, 1984. JUDGMENT M.S.H. QURAISHI J.--This appeal by leave of the Court is directed against the judgment of the High Court, dated 9-3-1983 dismissing, the appellant's writ petition against the order of his ejectment passed by the Additional District Judge, Rawalpindi in appeal in a rent matter. 2. The property from which the appellant's ejectment had been sought measuring 20 Kanals 1 Maria 158 sq. ft. and situate in Westridge, Rawalpindi, was an evacuee industrial concern known as National Sand…

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