| Citation(s) |
|---|
| 2006 SLG 2264 2006 SLD 2264 2006 CLC 1516 |
Lahore High Court
Writ Petition No.895 of 2006, decision dated: 5-04-2006.
MUHAMMAD, JEHANGIR ARSHAD, J
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Writ Petition No.895 of 2006, decision dated: 5-04-2006.
MUHAMMAD, JEHANGIR ARSHAD, J
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KANWAR ABDUL HAYEE
VS
RENT CONTROLLER, RAWALPINDI CANTT. and another
Law:
Section:
Cantonment Rent Restriction Act (Xl or 1963)----Ss. 17 & 2(g)---West Pakistan Urban Rent Restriction Ordinance (VI of 1969), S.13---Civil Procedure Code (V of 1908), O.XVI, R.1---Constitution of Pakistan (1973), Art.199---Constitutional petition---Maintainability---Ejectment petition---Interim orders---Denial of relationship of landlord and tenant---Petitioner/tenant contended that he was not the tenant of respondent but of his mother and that since the ownership of disputed property had not been transferred in favour of respondent he had no locus standi to file ejectment petition nor he could be termed as landlord of property in dispute---Tenant, in order to prove his contention moved application for summoning Record Keeper from office of M.E.O. but same was turned down, constitutional petition was also dismissed---Validity---Word "landlord" as defined in section 2(g) of the Cantonment Rent Restriction Act, 1963 does not require that landlord should be owner of the property or should be holding some leasehold rights etc.---Only qualification for becoming landlord according to the definition is that he should be entitled to receive rent in respect of any building whether on his own account or on behalf or for the benefit of any other person, etc.---Application of tenant was, therefore, rightly rejected by Rent Controller, who had no jurisdiction to determine the question of title in property---Impugned order being of interim nature, constitutional petition against same was not maintainable. A.F. Ferguson & Co. v. The Sind Labour Court and another PLD 1978 SC 429 and Muhammad Saeed v. Mst. Saratul Fatima and another PLD 1978 Lah. 1459 ref. Sardar Muhammad Ghazi for Petitioner. ORDER MUHAMMAD JEHANGIR ARSHAD, J.--- The petitioner who is facing ejectment proceedings before the learned Rent Controller, Rawalpindi Cantt. in ejection petition titled Sajjad Ahmad v. Kanwar Abdul Hayee, is aggrieved of the order, dated 20-3-2006 passed by learned Rent Controller whereby petitioners application for summoning as witness along with record from the office of M.E.O. Rawalpindi, was turned down. 2. The facts in brief are that Sajjad Ahmad, respondent No.2 filed anβ¦
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