1998 SCMR 455 SUPREME-COURT

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REHMATULLAH VS FAZAL BAQI Cantonments Rent Restriction Act 1963--17 , Prohibition (Enforcement of Hadd) Order 1979--30 , S. 17 Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), S.10 Constitution of Pakistan (1973), Art.185(3) Application for ejectment of tenant Relationship of landlord and tenant denied by respondent (alleged tenant) Rent Controller on basis of evidence on record decided issue about existence of relationship of landlord and tenant in affirmative and ordered eviction of respondent High Court in appeal took different view and set aside finding of Rent Controller Validity Leave to appeal was granted to consider contention of petitioner that there was statutory relationship of landlord and tenant between the parties, inasmuch as, premises in litigation being in possession of respondents were transferred to petitioner under Displaced Persons (Compensation and Rehabilitation) Act, 1958; and that petitioner had no need to invoke jurisdiction of Civil Court for seeking declaration about his title, when he had invoked provisions contained in S.17, Cantonments Rent Restriction Act, 1963.