Law:

Section:

(a) Constitution of Pakistan (1973)-----Art. 185(3)--West Pakistan Urban Rent Restriction Ordinance (VI of 1959), Ss. 13 & 15--Ejectment--Ejectment on ground of personal need and re-construction--Denial of title of landlord by tenant--Application rejected by Rent Controller on ground that relationship of landlord and tenant was not proved--Appellate Court holding that said relationship was established and as respondent-tenant had denied the very title of appellant to suit property and also denied existence of relationship of landlord and tenant, tenancy automatically terminated and respondent was liable to ejectment-- Order challenged in writ jurisdiction which was dismissed--Leave to appeal granted to consider plea that without statutory grounds for eviction having been established either direct or by necessary implication mere forfeiture on such denial cannot automatically result in an eviction order--After preliminary issues had been resolved, as there was no question of default involved, it was necessary that statutory grounds should have been made out. Mst. Sughran and others v. Ehsanul Haq Bhalli 1982 SCMR 1164 ref .- . Makhan Bano v. Haji Abdul Ghani P L D 1984 S C 17 and Province of Punjab v. Mufti Abdul Ghani P L D 1985 S C 1 rel. (b) Constitution of Pakistan (1973)-----Arts. 185(3) & 199--West Pakistan Urban Rent Restriction Ordinance (VI of 1959), Ss. 13 & 15--Ejectment--Relationship of landlord and tenant--Order of Appellate Court holding that said relationship was established, impugned in writ jurisdiction--Held: Finding with regard to existence of relationship of landlord and tenant between parties was one of fact and all material factors having been taken into account, including plea of petitioners themselves, it was not open to challenge in Constitutional jurisdiction--Leave to appeal to agitate that question refused. Mst. Sughran and others v. Ehsanul Haq Bhalli 1982 SCMR 1164 ref. ORDER SHAFIUR RAHMAN, J.--The petitioners, in occupation of a shop, feel aggrieved by the judgment of the Lahore High Court, dated 6-12-1983 whereby their Constitutional petition challenging an ejectment order was dismissed. The respondent No.1 claiming…

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