Case Details

Citation(s)
1985 SLG 213 1985 SLD 213 1985 PLD 1
Supreme Court of Pakistan
Civil Appeal No. 213 of 1979, decision dated: 8-10-1984.
MUHAMMAD AFZAL ZULLAH, ACT. C.J.. M. S. H. QURAISHI AND MIAN BURHANUDYIN KHAN, JJ
Khalil Ramedy, Additional Advocate-General, Ghulam Dastgir, Advocate Supreme Court and Sh. Ijaz Ali, Advocate-on-Record (absent) for Appellants.Abdul Basit, Senior Advocate Supreme Court and Hamid Aslam Qureshi, Advocate-on-Record.

PROVINCE OF PUNJAB THROUGH EDUCATION SECRETARY AND anothervsMufti ABDUL GHANI

Law:

Section:

-- Art. 185(3)-West Pakistan Urban Rent Restriction Ordinance (VI of 1959), S. 13(6)-Leave to appeal granted to examine whether respondent was owner and thus landlord and whether without decision on a plea raised by petitioner in that behalf, Rent Controller could direct deposit of rent under S. 13(6)) of Ordinance. (b) West Pakistan Urban Rent Restriction Ordinance (VI of 1959i Ss. 2(c) & 13-"Landlord"-Definition-When a person relying on opening part of definition of "landlord" in S. 2(cl, basis his claim on right to receive rent on account of ownership of property, he will have to "satisfy" Rent Controller about his title-Such person would only be adjudged as landlord if he succeeds in satisfying Rent Controller-Failure of such person to satisfy Rent Controller would result into verdict against him-If Rent Controller's satisfaction is not beyond reasonable doubt even then verdict on question of ownership would be against such person.-[Words and phrases]. Rehmatullah v. Ali Muhammad and another 1983 S C M R l004 fol. (c) West Pakistan Urban Rent Restriction Ordinance (VI of 1959) -- Ss. 13(6), 2(c) & IS - Ejectment proceedings - Relationship of "landlord and tenant"-Property in question admittedly being evacuee was ordered to be transferred to a "School" for public purpose under S. 10(2), Displaced Persons (Compensation and Rehabilitation) Act, 1958 and not under Schedule to Act, 1958, to any person in his individual capacity-Right of any individual person to recover rent as landlord without actual proof of ownership-Held, ownership has t9 be proved like any other similar fact and there was no escape of short cut for that-Nevertheless factual controversy raised by any individual that he also made some contribution in raising building on land transferred to School, issue of ownership has to be dealt with in accordance with law declared in Rehmatullah v. Ali Muhammad and another 1983 S C M R 1064-There being no doubt or need for further enquiry on question that transfer of land was made to school and such building also not being exclusively belonging to individual person, no relationship of landlord and tenant existed between school and individual person-Such…
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