Law: West Pakistan Urban Rent Restriction Ordinance (VI of 1959)

Section: 13

[West Pakistan Urban Rent Restriction Ordinance (VI of 1959)]......S 13---Ejectment of tenant---Question of ownership might not be relevant in ejectment application under the West Pakistan Urban Rent Restriction Ordinance, 1959, but unrestricted and indiscriminate application of such principle could run counter to the propriety and justice---Courts could not be oblivious of such situation and would not allow walk over to an unauthorized person. (b) Ownership--- ----Proof---Record of Excise and Taxation could not of its own be conclusive proof of ownership for such record was basically made for fiscal purposes and could not be substituted for proving ownership of landed property. (c) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)--- ----S. 13---Landlord and tenant, relationship of---Rend Controller could not decide question. of relationship of landlord and tenant against the tenant when landlord had not been able to establish his position as landlord beyond reasonable doubt---Proper course for Rent Controller in such situation would be to decide the issue against landlord and advise him to first get his title established before seeking ejectment ---Respondent had failed to establish relationship of landlord and tenant on the basis of his ownership---Petitioner (tenant) had not only created reasonable doubt against the title of respondent but had also brought sufficient material on record to show that his plea was not frivolous and vexatious---Proper course for Rent Controller was to decide the issue of relationship of landlord and tenant against the respondent; refuse to eject petitioner and leave rival claimants of ownership to seek remedy from the Civil Court first and then to approach Rent Controller---Impugned order of Rent Controller and Appellate forum, whereby petitioner was deemed to be the tenant of respondent and his ejectment was ordered, being not tenable in law, was set aside---Respondent could, however, proceed to establish his title before Civil Court and thereafter seek ejectment of petitioner in accordance with law. Rehmatullah's case 1983 S C M R 1064 and Province of Punjab v. Mufti Abdul Ghani P L D 1985 SC 1 ref. ORDER This…

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