Law:

Section:

West Pakistan Urban Rent Restriction Ordinance (VI of 1959)-----Ss. 13 & 15--Constitution of Pakistan (1973), Art. 185(3)--Ejectment proceedings--High Court because of the litigation regarding title of landlord to disputed premises, coming to take the view that his title, not being free from clouds, could not be made basis of ejectment of tenants from the property in dispute--Leave to appeal granted to examine question raised (i) that High Court was not justified in its view and in facts of the case the rule laid down by Supreme Court in 1983 S C M R 1064 was more appropriately applicable, that is, tenants had not succeeded in creating reasonable doubt about petitioner's title; (ii) that as tenants had themselves chosen to take recourse to Civil Court to challenge petitioners title, there was force in the argument that petitioner had prima facie right to claim himself as landlord of premises in dispute, and (iii) that in view of the fact appeals before the High Court were ordered by another Judge of High Court to be kept pending till decision of suit filed by Government the said appeals could not, therefore, be heard and disposed of contrary to the said order. Rehmatullah v. Ali Muhammad and another 1983 S C M R 1064 ORDER ZAFFAR HUSSAIN MIRZA, J.--This order shall dispose of these four petitions for leave to appeal as they are directed against a common judgment of the Baluchistan High Court dated 24th December, 1985, whereby the petitioner's appeals under section 15 of Ordinance VI of 1959 were dismissed. 2. The substantial dispute between the parties to these petitions is that the petitioner claims to be the owner/landlord of the property comprising the premises in occupation of the respondents who according to him are his tenants, whereas the respondents in these petitions denied the claim of the petitioner and dispute his title. The petitioners claim to have been transferred the property by means of a registered instrument of mortgage by conditional sale from one Mst. Mai Bhoji, a Hindu widow. The petitioners application for ejectment of the respondents from the various tenements of the building comprising the property was accepted by the Rent…

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