1993 MLD 707 LAHORE-HIGH-COURT-LAHORE

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MUHAMMAD RIAZ CHUGHTAI VS IRSHAD BEGUM PLD 1984 SC 17, PLD 1985 SC 1, West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959--2 , West Pakistan Urban Rent Restriction Ordinance 1959 ----Ss.2(c)(i) & 13---Relationship of landlord and tenant---Denial of---Effect--Tenant denied existence of relationship of landlord and tenant between parties---Rent Controller found that denial of tenant was false and after deciding that relationship of landlord and tenant existed between the parties directed eviction of tenant without holding any further inquiry into allegation of default in payment of rent by tenant and personal need of landlord despite tenant had pleaded in his written statement that rent had been paid to landlord---Where denial of tenancy was pleaded by tenant, found to be false it could not be laid down as an principle of universal applicability that order of ejectment must necessarily follow without holding any further proceedings--Question as to whether after decision of preliminary issue as to existence of relationship of landlord and tenant between parties, further inquiry into grounds on which ejectment of tenant was sought was called for, depended upon facts of each case---If tenant in his written statement not only had disputed title of landlord to premises in dispute, but also had denied landlord's entitlement to receive rent without pleading payment of rent, holding of further inquiry would be an exercise in futility but where tenant had pleaded payment of rent, it was necessary for Rent Controller to decide as to whether rent of disputed period had been paid by tenant and if so with what effect ---Ejectment order passed by Rent Controller without holding such enquiry, was wholly uncalled for and could not be sustained.