Law: Constitution of Pakistan, 1973

Section: 185(3)

West Pakistan Urban Rent Restriction Ordinance (VI of 1959)--S.13--Constitution of Pakistan (1973), Art. 185(3)--Ejectment of tenant for default in payment of rent--Contention that after the Rent Controller had found that relationship of landlord and tenant existed between the parties, he should have framed an issue on the question of default instead of summarily making an order for his ejectment--Such plea was also raised before the First Appellate Court and the High Court wherein order of eviction passed by Rent Controller on basis of admitted default on tenant's part, without holding any further inquiry, was rightly maintained--Leave refused. A. Karim Malik, Advocate Supreme Court and S. Abul Aasim Jafari, Advocate-on-Record for Petitioner. Nemo for Respondents. Date of hearing: 27th February, 1989. ORDER SAAR SAOOD JAN, J.--The petition for special leave to appeal is from the order dated 12-12-1988 of the Lahore High Court whereby the Constitution petition of the petitioner was dismissed. 2. A big Mansion, known as `Dawar Buildings' situate on Shahrah-e-Ouaid-e-Azam, Lahore, was transferred to the contesting respondents by the Settlement Authorities on 28-8-1970. The petitioner was in occupation of its first and top floors. On 23-6-1976, the contesting respondents sent a notice under section 30, Displaced Persons (Compensation and Rehabilitation) Act to the petitioner and demanded rent at the rate of Rs.300 per month in accordance with the latest assessment. The petitioner did not comply with the demand but started depositing rent at the rate of Rs.75 per month with the Rent Controller. The contesting respondents filed an application under section 13, Punjab Rent Restriction Ordinance, against the petitioner before the Rent Controller for his ejectment. The petitioner resisted the application mainly on the plea that the relationship of landlord and tenant did not exist between the parties. After recording the evidence of the parties the learned Rent Controller rejected the plea of the petitioner and directed his ejectment. The petitioner filed an appeal before the Additional District Judge which was dismissed. He then invoked the Constitutional jurisdiction…

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