Law:

Section:

West Pakistan Urban Rent Restriction Ordinance (VI of 1959)-------Ss. 2(c)(i), 13(2)(i), 13(3) & 13(6)---Constitution of Pakistan (1973), Art.199---Constitutional petition---Ejectment of tenant on grounds of default in payment of rent and bona fide personal need---Relationship of landlord and tenant, denial of---Striking off defence---Rent Controller despite denial of relationship of landlord and tenant directed the tenant/petitioner to deposit future monthly rent and framed solitary issue regarding existence of relationship of landlord and tenant between the parties---Petitioner having not complied with terms of said order of Rent Controller, his defence was struck off by Rent Controller and said order of Rent Controller was maintained in appeal---Validity---Rent Controller though had rightly framed issue qua the existence of relationship of landlord and tenant, but had committed grave legal error, while directing petitioner to deposit rent in government Treasury--Approach of Rent Controller was violative of settled law on the subject---To establish existence of relationship of landlord and tenant between the parties, a person claiming to be landlord, had to produce documentary or/and unimpeachable oral evidence---Rent Controller, without deciding issue of relationship of landlord and tenant, had no jurisdiction to proceed with the case, unless issue touching the jurisdiction of Rent Controller, was decided at the first instance---Order of Rent Controller to the extent he directed petitioner to deposit future monthly rent and on basis of which subsequent orders were passed, was without jurisdiction and could not be allowed to be maintained---Impugned orders were set aside and case was remanded to Rent Controller for fresh decision. Kamran Butt v. Lt. Col. Syed Iftikhar Ahmad PLD 1991 Kar. 417; Tariq Ali Sheikh v. Rent Controller Mr. Khalid Nawaz Lahore and another 1998 CLC 460; Mst. Razia Begum and another v. Senior Civil Judge (Rent Controller), Charsadda and 2 others PLD 1996 Pesh. 8 and Yousaf Ali v. Muhammad Aslam Zia and 2 others PLD 1958 SC (Pak.) 104 ref. Anwar Akhtar for Petitioner. Mirza Mehmood Baig and Ghazala Khan for Respondent No.3. ORDER…

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