Law:

Section:

West Pakistan Urban Rent Restriction Ordinance (VI of 1959)-------S. 13---Ejectment of tenant---Landlord and tenant, relationship- of--­Proof---Rent Controller, jurisdiction of---Provisions of Civil Procedure Code, 1908, and Evidence Act (Qanun-e-Shahadat Order, 1984)--­Applicability---Tenant denied the relationship on the ground that he had purchased the premises---Neither any agreement of sale nor any sale-deed had been executed between the parties---Tenant failed to produce any receipt in proof of payment to the landlord---Suit for specific performance was also not filed by the tenant---Both the Courts below had found the plea of the tenant as false and there was no objection on behalf of the tenant regarding admissibility of rent-deed---Effect---After having found that the relationship of landlord and tenant existed between the parties and the plea of the tenant proved as false, tenant should not have been permitted to approbate and re-approbate by holding further inquiry into the matter under the provisions of West Pakistan Urban Rent Restriction Ordinance, 1959---Proceedings under the provisions of West Pakistan Urban Rent Restriction Ordinance, 1959, were summary in nature and the provisions of Civil Procedure Code, 1908, and Evidence Act (Qanun-e-Shahadat Order, 1984) were not applicable stricto senso---Matter involving title was to be resolved by the Civil Court--­Rent Controller being sure that the tenant was not owner/landlord had proceeded to decide the issue which incidentally might also had included a decision on the question of title---If Appellate Court had considered that a deeper and a more detailed examination of title was necessary and title of the alleged landlord suffered from some doubt, the Court should have dismissed the ejectment petition leaving the landlord to move the Civil Court for adjudication of his title---Both the Courts below having rightly decided the matter in favour of the landlord---Second appeal was dismissed by High Court in limine. Nisar Ahmad v. Nazar Muhammad PLD 1974 Lah. 489; Rehmatullah v. .".li Muhammad and another 1983 SCMR 1064 and Province of Punjab v. Mufti Abdul Ghani PLD 1985 SC 1 ref. . (b)…

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