Law: West Pakistan Urban Rent Restriction Ordinance (VI of 1959)

Section: 13

Law: Constitution of Pakistan, 1973

Section: 185(3),199

(a) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)---S.13--Ejectment proceedings--One single composite application for ejectment of several tenants by landlord on ground of default and reconstruction of building--Allegation of miss-joinder of parties by tenants--Pleadings of parties showing that if separate applications were filed by landlord against each tenant, clearly common question of law and fact would have arisen for determination--No attempt made by tenant to show as to what prejudice was caused to them on account of their being joined in same proceedings--Held, substance of objection was clearly technical in nature based on procedural aspect of proceedings and such technical objection was not applicable to proceedings under West Pakistan Urban Rent Restriction Ordinance, 1959. Ahsanul Haq v. Abdul Rahim 1979 S C M R 338 ref. (b) Constitution of Pakistan (1973)-- ---Art. 185(3)--West Pakistan Urban Rent Restriction Ordinance (VI of 1959), S.13--Ejectment on grounds of default in payment of rent and reconstruction of property--Title of landlord--Objection by tenant as to title of landlord on basis of stipulations in sale-deed by means of which landlord claimed to have acquired title of property--Sale deed, as alleged by tenant, simply showing purchase of land by landlord and not superstructure thereon--Such objection neither raised in High Court nor in lower stage of proceeding--Tenant, held, not entitled to raise a new plea at leave granting stage before Supreme Court. (c) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)-- ---S.13--Constitution of Pakistan (1973), Art. 185(3)--Ejectment on grounds of default in payment of rent by tenant and reconstruction of property--Tenant challenging title of landlord--Record showing rent receipts through which tenant paid rent to landlord--Tenant in separate suit against landlord not challenging his title to property rather admitting to be his tenant and payment of rent every month to said landlord-­Tenant not claiming any other interest in property--Question of title of landlord not raised at trial stage--Rent Controller holding that upon evidence before him it was established that there…

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