Law:

Section:

West Pakistan Urban Rent Restriction Ordinance (VI of 1959)--- ---Ss. 2(c)(i), 13(2)(i)(iii), (3)(i)(ii) & 15--Constitution of Pakistan (1973), Art.199---Constitutional petition---Ejectment of tenant on grounds of default in payment of rent, impairing conditions and utility of premises and personal bona fide need---Relationship of landlord and tenant---Determination of---Petitioner had denied relationship of landlord and tenant between parties alleging that premises in question were owned by Central Government---Initial induction of petitioner as tenant in the premises in question was proved as respondents had proved execution of rent deed/agreement---Scribe of said document appeared and proved. the same---Marginal witnesses of the rent deed also proved its execution---Rent Controller and Appellate Court below had also found that premises in question were rented out by respondents to the petitioner---Petitioner, in circumstances, should first surrender the possession to respondents and then agitate matter in civil court---Appellate Court below, in circumstances had rightly dismissed appeal of petitioner against of the Trial Court, holding that respondents had proved execution of rent- deed in respect of premises in question---No illegality or irregularity having been committed by Appellate Court below in passing impugned order, constitutional petition against said order was dismissed. Province of Punjab through Education Secretary and another v. Mufti Abdul Ghani PLD 1985 SC 1; PLD 1991 SC 242 and S.A. Waheed v. The Dayal Singh College Trust Society PLD 1955 Lah. 570 rel. JUDGMENT IQBAL HAMEEDUR RAHMAN, J.--- This judgment shall dispose of Writ Petition No.5292 of 2000 and Writ Petition No.5293 of 2000, as common question of law and fact is involved in both these petitions. 2. Brief facts succinctly required for determination of these writ petitions are that a house and a shop in dispute were owned by one Mst. Bakhtan, mother of the respondents, who rented out the same to the petitioner, namely, Muhammad Iqbal vide rent dated 24-6-1984 for a period of 11 months. Subsequently, Mst. Bakhtan died. The present respondents being successor-in-interest and legal…

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