1998 SCMR 670 SUPREME-COURT

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REHMATULLAH VS FAZAL BAQI Cantonments Rent Restriction Act 1963--17 , Constitution of Pakistan 1973--185 , ----S. 17---Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), S.10---Constitution of Pakistan (1973), Art.185(3)---eviction of tenants---Tenants denying title of landlord, also denied relationship of landlord and tenants---Rent Controller decided issue of existence of relationship of landlord and tenants in affirmative and ordered ejectment of tenants without framing any issue on merits---High Court in appeal, did not agree with view of Rent Controller and dismissed application for eviction of tenants---Landlord claimed that there was statutory relationship of landlord and tenants between parties, inasmuch as, premises in question being in possession of tenants were transferred to petitioner under Displaced Persons (Compensation and Rehabilitation) Act, 1958 and that it was not necessary for petitioner to invoke jurisdiction of Civil Court for seeking declaration about his title, when he had invoked provisions of S.17, Cantonments Rent Restriction Act, 1963--Validity---Points raised on behalf of landlord would require consideration--Leave to appeal was granted to determine points raised by landlord