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Summary: Sections 2(c) (i), 13 & 15 of the West Pakistan Urban Rent Restriction Ordinance 1959. Parties have to establish their title from a competent court of law Whereafter initiate rent proceedings---(a) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)---S. 2(c)---Term "Landlord", meaning and scope---"Landlord" in S.2(c) of West PakistanUrban Rent Restriction Ordinance, 1959, was used in a very wide sense---Person may beowner of the property, but he may not have attained title of landlord, or a person may belandlord, but may not be owner of the property, subject to the condition that he is entitled toreceive the rent---Ownership is to be seeti t'o that extent only.West Pakistan Urban Rent Restriction Ordinance (VI of 1959)-------Ss. 2(c)(i), 13 & 15---Application for ejectment of tenant---Relationship oflandlord and tenant---Tenants denied existence of relationship of landlord and tenant andclaimed to be lawful owners of the premises in question---There being complete denial ofexistence of tenancy on the part of the tenants, before going into merits of the case, firstpoint, which was needed to be decided was the existence of relationship of landlord andtenant between the parties---Rent Controller, without first deciding said issue, allowed ejectment application and directed tenants to hand over vacant possession of the premisesto the landlord---No specific evidence was available before the Rent Controller to establishthe fact that premises in question was ever rented out to tenants in terms as asserted bylandlord in the ejectment application---Serious doubt existed in respect of ownership of thelandlord in respect of property in question in view of revenue entries---Rent Controllershould have disallowed the ejectment application and ordered the parties to get establishedtheir title from a court of competent jurisdiction---Findings arrived at by the RentController, were without basis and being erroneous, were set aside---Impugned judgment ofRent Controller was set aside and ejectment application, was dismissed.Pervaiz v. Amir Aziz 2005 CLC 594, and Mst. Wakeelan Begum v, Additional DistrictJudge, Gujranwala 2006 CLC 1866 ref.Rehmatullah v. Ali Muhammad 1983 SCMR 1064 rel.

Summary: Summary pending