Law:

Section:

Cantonments Rent Restriction Act (XI of 1963)--S. 17---Constitution of Pakistan (1973), Art.185(3)---Leave to appeal was granted to determine whether High Court was right in holding that in the circumstances of the case the order passed by Rent Controller was in excess of his jurisdiction as to be a nullity in law. (b) Cantonments Rent Restriction Act (XI of 1963)--- ----S. 17---Relationship of landlord and tenant---Admission of liability to pay rent at a specific rate would not establish relationship of landlord and tenant---To establish such relationship, Rent Controller must give finding to that effect--­Subsequent production of evidence showing existence of relationship of landlord and tenant between the parties would not retrospectively cure jurisdictional defect in tentative rent order passed under S.17(8), Cantonments Rent Restriction Act, 1963, without determining preliminary issue as to the existence of such relationship. P L D 1963 Lah. 390 ref. (c) Cantonments Rent Restriction Act (XI of 1963)--- ----S. 17(8)---Compliance of tentative rent order---Effect---Mere compliance of tentative rent passed by Rent Controller would not operate as estoppel or acquiescence against tenant for, non-compliance of same would have resulted in striking off his defence. (d) Cantonments Rent Restriction Act (XI of 1963)--- ----S. 17(8)---Relationship of landlord and tenant---Determination of--­Relationship of landlord and tenant being a jurisdictional question, had to be determined before passing of tentative rent order and should not be deferred after passing such order. (e) Cantonments Rent Restriction Act (XI of 1963)--- ----S. 17(8)---Question of relationship of landlord and tenant was specifically denied by tenant in its written statement---Framing of issues being responsibility of Court, non-framing of such issue would not debar tenant to challenge jurisdictional validity of tentative rent order passed by Rent Controller. (f) Cantonments Rent Restriction Act (XI of 1963)--- ----S. 17---Non-consideration of matter with regard to preliminary issue viz. relationship of landlord and tenant---Effect---Rent Controller failed to consider preliminary issue of relationship…

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