Law:

Section:

(a) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)-------Ss. 2(c) & 13---Constitution of Pakistan (1973), Art.185(3)---Leave to appeal was granted to consider the question whether after taking the shop on rent from the appellant was it not open to the respondent to take the stand that he was not the tenant of the appellant. (b) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)--- ----Ss. 2(c) & 13---Respondent having admitted that he was inducted as a tenant under a written agreement, could not challenge the title of the appellant without first surrendering the possession to him---Respondent, however, could seek his remedy from the Civil Court of competent jurisdiction. Province of Punjab v. Mufti Abdul Ghani P L D 1985 SC 1 ref. JUDGMENT SALEEM AKHTAR, J.---This appeal with the leave of the Court arises from the judgment, dated 16-3-1991 of the Lahore High Court, whereby the Constitution petition filed by the appellants was dismissed. The facts have succinctly been stated in the order granting leave which are reproduced as follows:- "The petitioner is a religious institution. It was registered in 1961. In 1963 it obtained on lease about 11 Kanals of land from the Evacuee Trust Property Board. It constructed a Deeni Madrisa, mosque, buildings of schools and some shops thereon. On 6-2-1976 it rented out two of the shops to Khurshid Ahmad, respondent No.2. On 25-1-1987 it moved an application before the Rent Controller for eviction of the respondent on the grounds of non-payment of rent and causing damage to the shops. The application was resisted by the respondent who took up the plea that the relationship of landlord and tenant did not exist between the parties. He admitted that he had executed a rent deed in favour of the petitioner and had been paying rent but alleged that the land allegedly leased out to the petitioner did not belong to Auqaf Department. He further stated that the said land was the property of the Lahore Development Authority from whom he had purchased the same. On the pleadings of the parties the learned Rent Controller framed an issue to the effect:- Whether the relationship of landlord and tenant exists…

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