Law:

Section:

West Pakistan Urban Rent Restriction Ordinance (VI of 1959)-- ----Ss. 2 (c) (i), 13 & 15---Relationship of landlord and tenant---Appellate Court below despite existence of dispute with regard to relationship of landlord and tenant between parties, dismissed ejectment application filed by landlord against tenant holding that "question of title to premises could not be decided while disposing of appeal and as regards question of tenancy, evidence on file was insufficient to establish any relationship of landlord and tenant between parties qua premises in dispute"---Appellate Court below accepting appeal set aside order passed by Rent Controller in favour of landlord---On filing Constitutional petition against of appellate Court, case was remanded to Appellate Court for fresh decision in accordance with law after hearing parties---High Court in its remand order had observed that landlord's title to premises in dispute had fully been established and that tenant had become statutory tenant by operation of law---High Court had further found observation of Appellate Court to the effect that evidence on record was insufficient to establish any relationship of landlord and tenant between parties, was against evidence on record---Even otherwise if evidence was insufficient to establish relationship of landlord and tenant between parties; Appellate Court below could have either recorded evidence himself or remanded case to Rent Controller to arrive at a positive finding in that behalf---After remand of case, Appellate Court below without applying conscious mind to evidence on record and without taking into consideration observations of High Court in remand order, accepted appeal of tenant and again decided case against landlord---Tenant had not denied that he did not challenge observation made by High Court, that he had become a statutory tenant by operation. of law---Observations made in of High Court which had attained finality as those were not challenged by tenant any further, having not been kept in view while disposing of appeal before him, order of appellate Court was set aside and case was again remanded to decide afresh after calling upon parties to lead…

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