2003 SCMR 1353 SUPREME-COURT

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NAZIR AHMAD VS Mst. BHAGAN BIBI Constitution of Pakistan 1973--185 , West Pakistan Urban Rent Restriction Ordinance 1959--13 , ----S. 13---Constitution of Pakistan (1973), Art. 185(3) --- Ejectment of tenant---Relationship of landlord and tenant---Determination---Petitioner claimed to be owner of the premises on the basis of Transfer Order issued by Settlement Authorities and the respondent was allegedly inducted by him who defaulted in payment of rent---Respondent denied to be the tenant in the premises and asserted to be the owner of the premises ---Jamabandi for the years 1945-46 showed that grandfather of the respondents was in occupation of the premises---Record of the Excise and Taxation Department also showed that the property was in the self¬-occupation of the predecessor-in-interest of the respondents---While claim of the petitioner was that the predecessor-in-interest of respondents was inducted as tenant of the premises in year 1986---On failure of respondents to deposit the tentative rent, Rent Controller struck off the defence and eviction order was passed against the respondents---Appellate Court allowed the appeal and. eviction order was set aside---Judgment passed by the Appellate Court was maintained by High Court in exercise of Constitutional jurisdiction ---Validity--¬Question of ownership of title of the petitioner qua the suit property had lost its significance for the purpose of determining the relationship of landlord and tenant between the parties---No substantial question of law of public importance being involved in the case, Supreme Court declined to interfere with the judgments passed by Courts below---Leave to appeal was refused.