Law:

Section:

(a) West Pakistan Urban Rent Restriction Ordinance (V1 of 1959)-------S. 13---Ejectment application---Question of existence of or non-existence of relationship of landlord and tenant---Determination---Procedure---Tenant purchasing part of property of his landlord becomes a co-sharer in the said property and cannot be adjudicated under S.13 of the Ordinance---Only remedy is to seek the property through a suit for partition---Rent Controller cannot hold the existence of relationship of landlord and tenant without giving an opportunity of adducing evidence on the issue of relationship of landlord and tenant---No estoppel for the tenant, however, exists to deny the title of the landlord if the owner extinguishes or the tenant acquires the right of ownership and the tenant could plead his right of defence. Syed Izhar-ul-Hassan Rizvi v. Mian Abdur Rehman and others 1992 SCMR 1352 ref. - (b) West Pakistan Urban Rent Restriction Ordinance (VI of 1969)--- ----S. 13---Ejectment application---Question of existence or non-existence of relationship of landlord and tenant---Determination---Rent Controller had framed issues on the basis of the pleadings of the parties but while deciding the ejectment application he had without affording opportunity of producing evidence on the issues relating to existence or non-existence of the relationship of landlord and tenant decided that such relationship did exist although both the parties were taking different stands in respect of their title and were litigating in the Civil Court which was the Court of competent jurisdiction--­Validity---Held, Rent Controller was under the bounden duty of law to ask the parties to produce evidence on the issue of relationship of landlord and thereafter could decide whether the jurisdiction in the matter vested in him or not---Rent Controller, thus could not decide that the relationship of landlord and tenant existed between the parties while -he had no evidence before him that the landlord claiming the ejectment of the tenant had proved his ownership beyond-reasonable doubt. (c) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)--- ----S. 15---Non-resdential landlord---Appeal before High…

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