Law:

Section:

Constitution of Pakistan (1973)-----Art. 185(3)--West Pakistan Urban Rent Restriction Ordinance (VI of 1959), S. 13--Questions as to relationship of landlord and tenant--Demised premises belonging to Trust--One tenant claiming to have become landlord by virtue of a will left by original tenant in her favour and, therefore, filing application for ejectment of other tenants to whom property was sublet by original tenant--Ejectment application allowed by Rent Controller--High Court granting said one tenant ownership rights by inheritance--Petitioner asserting that entire claim of respondent in ejectment application as well as in her evidence was based on basis of alleged will and not ownership rights; that High Court erred in granting such a declaration in her favour; that even if that be assumed to be valid in law, tenancy rights could not pass on respondent and that since original tenant died issueless, tenancy rights devolved on Trust-­Points raised deserving consideration--Leave to appeal granted. Syed Abbas Zia, Advocate Supreme Court with Muzaffar Hassan, Advocate-on-Record for Petitioner. Nemo for Respondents. Date of hearing: 27th February, 1986. ORDER ABDUL QADIR SHAIKH, J.--Petitioner Trust claims to be the owner of the premises in question which were let out to Mst. Gandi Hajiani on monthly rent. Mst. Ghafooran the first respondent herein, claimed rights of Mst. Gandi Hajiani in the premises on the basis of "Will" said to be executed by her and filed ejectment application against Abdul Waheed, predecessor of respondents 2(a)(h), on the ground that being a tenant he had failed to pay any rent for the premises. In these proceedings, petitioner Trust was joined as a party, and they claimed that after the death of Mst. Gandi Hajiani, the tenancy terminated and the tenancy-rights reverted to the Trust. It was further pleaded that the Will was neither genuine nor was it valid in law; in any case Abdul Waheed was a tenant of the petitioner Trust which was entitled to receive rent. 2. The Rent Controller, by the order, dated 5-12-1982, allowed the application of Mst. Ghafooran and directed the eviction of respondents 2 (a) to (h). This order led to two appeals,…

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