1991 MLD 1935 LAHORE-HIGH-COURT-LAHORE

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AHMAD ARSLAN VS ADDITIONAL DISTRICT JUDGE West Pakistan Urban Rent Restriction Ordinance 1959--15 , West Pakistan Urban Rent Restriction Ordinance 1959 ----S. 15---Civil Procedure Code (V of 1908), O.I, R.10---Constitution of Pakistan (1973), Art. 199---Ejectment of tenant---Petitioner's application to be impleaded as a party in ejectment application rejected by Rent Controller---Validity--Petitioner, upon facts presented to Court, was neither a necessary nor a proper party to ejectment application---No evidence on record to suggest that ejectment proceedings were collusively instituted to harm interest of petitioner---Petitioner, if allowed to be impleadcd to contest ejectment application, then simple ejectment application for eviction of tenant would be converted mainly into a complex title suit between respondent landlords and petitioner and relief asked for in ejectment application would pale into secondary importance---Petitioner had already taken his controversy to Civil Court against respondent landlords--Petitioner being not a party to ejectment application, decision of same would not be binding upon him---Petitioner also did not claim to be a tenant under landlord---In absence of any material on record, petitioner's presence before Rent Controller could not be deemed to be necessary for final and effectual decision in ejectment application---Rent Controller's order not to implead petitioner as a party in ejectment application could not be characterised either as without jurisdiction or without lawful authority---Constitutional petition was dismissed in circumstances.