Law:

Section:

Constitution of Pakistan (1973)-----Art. 185(3)--Sind Rented Premises Ordinance (XVII of 1979), S.15-­Jurisdiction of Rent Controller--Relationship of landlord and tenant-­Admission of correctness of findings by counsel of parties--Effect of-­Rent Controller reaching conclusion that no relationship of landlord and tenant existed between parties and terminating proceedings for want of jurisdiction--Counsel for both parties conceding before High Court that no fault could be found with said findings--In view of such admission, petitioner not allowed to challenge before Supreme Court order of Rent Controller whereby he decided issue of relationship of landlord against petitioner--Leave to appeal refused. JUDGMENT ABDUL KADIR SHAIKH, J.--This petition arises out of an application filed by petitioner on 31-8-1976 for respondents eviction from one-half portion of Quarter No. 6/441 Liaquatabad, Karachi. Petitioner claims to be the owner of the entire Quarter and occupies the other portion of the Quarter. She asserted that respondent being a tenant in respect of the portion of the Quarter in his occupation was guilty of default in payment of rent, and, therefore, liable to eviction there from. The ejectment application was allowed by the Rent Controller by an ex parte order, dated 15-4-1977 and the petitioner was put in possession of the premises in execution proceedings on 1-11-1977. On 12-11-1977 respondent applied to the Rent Controller for setting aside the ex parte order and for the restitution of the possession of the premises to him. His request was rejected by the Rent Controller and an appeal filed by him to the District Judge was also dismissed. A second appeal filed by him in Sind High Court, however, succeeded by the judgment, dated 13-5-1979 and by consent the ex parte order passed by the Rent Controller was set aside, and the case was remanded to him for fresh disposal after hearing both the parties, and deciding firstly, the preliminary issue whether relationship of landlord and tenant existed between the patties. On remand, respondent applied to the Rent Controller for restitution of possession of the Quarter, and the Rent Controller, after hearing the…

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