Law:

Section:

(a) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)--- ----Ss. 2(c) & 13---Constitution of Pakistan, Art.199---Constitutional petition---Ejectment application---"Landlord"---Definition---Ejectment petition filed by a person who was not owner of the suit property---Maintainability---Landlord may not be in stricto sensu the owner of the rent premises---Person collecting rent on behalf of the owners could be termed as "landlord"---Constitutional petition was dismissed. (b) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)--- ----S. 13---Constitution of Pakistan, Art.199---Constitutional petition---Ejectment application---Landlord and tenant, relationship of---If a tenant denies the relationship of landlord and tenant, tenancy was automatically terminated and he was liable to eviction. Muhammad Shah Alam v. Muhammad Abdul Ghafoor 1979 SCMR 443; Muhammad Yousaf v. Asghar Hussain 1980 SCMR 886; Muhammad Rafique and 6 others v. Khalid Rauf and another 1986 SCMR 1985 and Ghulam Samdani v. Abdul Hamid 1992 SCMR 1170 rel. (c) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)--- ----S. 13---Constitution of Pakistan, Art.199---Constitutional petition---Ejectment application--- Landlord and tenant--- Rule of estoppel---Scope---Petitioner inducted as tenant under a written agreement, could not challenge the title of the landlord without first surrendering the possession to him. Province of Punjab v. Mufti Abdul Ghani PLD 1985 SC 1 and Madrassa Darul Uloom v. Additional District Judge PLD 1992 SC 401 rel. (d) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)--- ----S. 13---Constitution of Pakistan, Art.199---Constitutional petition---Jurisdiction of High Court---Scope---Ejectment application---Concurrent findings of two courts below---Hallmark of constitutional jurisdiction was to foster justice and to right a wrong---Constitutional jurisdiction could not be exercised in favour of the person who came to Court with soiled hands in order to satisfy from greedy and covetous instincts---Concurrent findings recorded by two Courts of competent jurisdiction after due consideration of material on record, were not open to question in…

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