Law:

Section:

(a) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)-- ---- Ss. 2(c)(i), 13(3) & 15 --- Original tenant having died leaving behind a widow and children, landlord filed ejectment petition on ground of his personal need against widow of deceased tenant only without impleading surviving children of deceased tenant who lived under umbrella of their mother --- Ejectment petition was resisted by wid6w denying relationship of landlord and tenant contending that her husband was not tenant under petitioner, but was tenant under another person who was receiving rent of premises in dispute from her husband --- Widow further asserted that after death of original tenant, all his legal heirs consisted of his widow and surviving children as a collective body were invested with legal status of a tenant and were necessary parties to ejectment case --- Ejectment petition filed against widow only- without impleading children of original tenant, was thus not maintainable --- Rent Controller without recording statement of person claimed by widow to be landlord, dismissed ejectment petition observing that surviving children of original. tenant having not been impleaded in ejectment case, relationship of .landlord and tenant did not exist between parties --- Children of deceased tenant no doubt were ' a necessary party to an effectual and satisfactory decision of ejectment application, but effect of non-joinder, could not be allowed to prove fatal to ejectment petition --- Appellate Court below, in circumstances, rightly noticed defect in order of Rent Controller and remitted case to be tried afresh from that angle after allowing parties opportunity to lead evidence --- In case Rent Controller found that deceased was survived by children and that their presence before him was necessary, no bar was in law for him to join them as parties to ejectment petition for complete and effective adjudication of controversy between parties. (b) Administration of justice- ---- Repeated round of litigation for merely overcoming technical hurdles, was not the object of law which favoured adjudication on merits. (c) Constitution of Pakistan (1973)--- ---- Art. 199 --- West Pakistan…

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