Law:

Section:

Cantonments Rent Restriction Act (XI of 1963)--S. 17---Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), S.10---Constitution of Pakistan (1973), Art.185(3)---Application for ejectment of tenant---Relationship of landlord and tenant denied by respondent (alleged tenant)---Rent Controller on basis of evidence on record decided issue about existence of relationship of landlord and tenant in affirmative and ordered eviction of respondent---High Court in appeal took different view and set aside finding of Rent Controller---Validity---Leave to appeal was granted to consider contention of petitioner that there was statutory relationship of landlord and tenant between the parties, inasmuch as, premises in litigation being in possession of respondents were transferred to petitioner under Displaced Persons (Compensation and Rehabilitation) Act, 1958; and that petitioner had no need to invoke jurisdiction of Civil Court for seeking declaration about his title, when he had invoked provisions contained in S.17, Cantonments Rent Restriction Act, 1963. Mian Younis Shah, Senior Advocate Supreme Court and Syed Safdar Hussain, Advocate-on-Record for Petitioner. M. Aman Khan, Advocate Supreme Court and Nur Ahmed Khan, Advocate-on-Record for Respondents. Date of hearing: 17th May, 1995. JUDGMENT MUKHTAR AHMAD JUNEJO, J.--- Leave to appeal is sought against a judgment of the Peshawar High Court in First Appeal from Order No.6 of 1993. Petitioner Rehmatullah filed application under section 17 of the Cantonments Rent Restriction Act, 1963 for eviction of respondent, Fazal Baqi and Hashim Khan from the premises in litigation mentioned in the application. Eviction of the respondents was sought on the ground of default in payment of rent and bona fide personal requirement. Relationship of landlord and tenant was denied by the respondents in this written statement.…

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