Law: West Pakistan Urban Rent Restriction Ordinance (VI of 1959)

Section: 2(c),2(i),13(6)

Law: West Pakistan Urban Rent Restriction Ordinance (VI of 1959)

Section: 2(c),2(i),13(6)

(a) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)-------Ss. 13 & 15---Second appeal---Ejectment of tenant---Landlord and tenant relationship---Determination---Landlord filed ejectment petition and placed on record a photocopy of tenancy agreement, which was signed by both the parties---Tenant relied upon registered sale-deed in his favour claiming to be owner in possession of premises---Rent Controller did not frame any issue with regard to determination of relationship of landlord and tenant and dismissed ejectment application---Order passed by Rent Controller was also maintained by Lower Appellate Court---Validity---Rent Controller was bound to take into consideration the tenancy agreement produced by landlord and thereafter to proceed to decide matter in accordance with law after framing of preliminary issue in such regard---Notwithstanding clear denial by tenant, as required by S.13 (6) of West Pakistan Urban Rent Restriction Ordinance, 1959, permitting the parties to produce evidence, examine and appraise it and thereafter arrive at a finding to determine that there was dispute regarding title or not---Procedure adopted by Rent Controller was summary and meant to hold inquiry but it had to be in consonance with principles of natural justice---No deviation in such solemn duty was permissible---Rent Controller while exercising powers under the statute was required to adhere to all provisions contained therein but he ignored definition of "landlord" as contained in S.2(c) of West Pakistan Urban Rent Restriction Ordinance, 1959---Though Rent Controller admitted in order passed by him that property in question was jointly owned by landlord and his father, who later sold it and the same was under challenge by landlord but he ignored rent deed which was on record, therefore, Rent Controller committed an illegality on such count---High Court, in exercise of appellate jurisdiction, set aside orders passed by both the courts below and remanded the case to Rent Controller for deciding issue of existence of relationship of landlord and tenant afresh after framing preliminary issue inter se parties---Appeal was allowed in circumstances.…

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