MUHAMMAD NAZEER vs GHULAM HUSSAIN S — 2023 CLC 1070 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2023 CLC 1070 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2023
Reporter: CLC
Parties: MUHAMMAD NAZEER vs GHULAM HUSSAIN S
Subject matter: Criminal
Provisions referred to: S. 17; Cantonments Rent Restriction Act

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

MUHAMMAD NAZEER VS GHULAM HUSSAIN S.17(8)---Eviction petition---Relationship of landlord and tenant, denial of---Tentative rent order---Scope---Rent Controller, powers of---Petitioner, in reply to eviction petition filed by the respondent, categorically denied the relationship of landlord and tenant between the parties---Validity---Purpose and object of the Cantonments Rent Restriction Act, 1963 (Act of 1963) was to control and regulate the matters inter se tenant and landlord---Rent Controller, thus, could not travel beyond the ambit of the Act of 1963---In order to exercise the jurisdiction under the Act of 1963, the existence of relationship of landlord and tenant inter se parties was sine qua non---Once the respondent in eviction petition denied the existence of relationship of landlord and tenant, it became obligatory for Rent Controller to frame preliminary issue to that effect so as to determine the relationship inter se parties at the first instance---If by virtue of deliberation of said issue, ultimately the tenancy was established, the matter would not be further adjudicated and the respondent would be confronted straight away with an ejectment order---High Court set aside impugned tentative rent order and directed the Rent Controller to determine first the relationship between the parties by framing preliminary issue---Constitutional petition was allowed, in circumstances.

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