Law:

Section:

West Pakistan Urban Rent Restriction Ordinance (VI of 1959)-------Ss. 2(c) & 13---Ejectment proceedings---Proof of ownership of landlord not relevant---Principles. In rent cases, only relationship of landlord and tenants is to be seen and not the title or ownership. When the relationship of landlord and tenant has been established then there is no need for placing on record ownership documents. The sanction of Municipal Corporation for the proposed reconstruction is also valid ground for maintaining the ownership of landlord as the same cannot be obtained by a stranger. Ali Muhammad v. Muhammad Mansha and others 1991 MLD 1572 distinguished. Waseemuddin Khattak, Advocate Supreme Court for Appellants. M. Asif Advocate Supreme Court for Respondents. Date of hearing: 13th March, 2008. ORDER ABDUL HAMEED DOGAR, C J.--This appeal with leave of this Court is directed against dated 8-5-2001 passed by learned Division Bench of Peshawar High Court, Peshawar whereby Writ Petition No.212 of 1998 filed by respondents was accepted and eviction of appellants was ordered. 2. Briefly stated, facts giving rise to the filing of instant appeal are that respondent Mst. Sardar Begum filed three separate Ejectment Applications bearing No.67/RC/1988 (new No.4/RC of 1996), 68/RC/1988 (new No.5/RC of 1996) and 69/RC/1988 (new No.6/RC of 1996) against appellants, namely, Muhammad Yaqub, Quaim Khan and Said Rehman alias Gul and others respectively with regard to Suit bearing No.1466 situated in Mohallah Borian Bufan, Hashtanagri, Peshawar on the grounds of default in payment of rent, personal needs and for re-construction of the suit premises. The proposed site plan/necessary sanction from the Municipal Corporation was annexed with the petition. The appellants were summoned but they refused to appear as such, ex parse ejectment order was passed against them. Later on, appellants filed applications for setting aside ex parte decree which was allowed on 1-4-1989 subject to payment of cost of Rs.50. Whereafter, appellants filed written statements an denied the relationship of landlord and tenant. The learned Rent Controller after framing of issues and hearing learned counsel for the…

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