1988 SCMR 1186 SUPREME-COURT

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SHER MAST KHAN VS MUHAMMAD DYAR KHAN Constitution of Pakistan 1973--185 , West Pakistan Urban Rent Restriction Ordinance 1959--13 , ---S.13(6)--Constitution of Pakistan (1973), Art. 185 (3)--Ejectment-Striking off defence--Relationship of landlord and tenant, denial of-Assumption of jurisdiction by Rent Controller--Tenant failing to cross-examine landlord's witnesses--His defence struck off and eviction ordered--Plea raised that petitioner-tenant could not be denied the right to produce evidence and jurisdiction could not be assumed by Rent Controller without deciding expressly question of existence of relationship of landlord and tenant--Counsel for respondent conceding that petitioner's defence could not be struck off without specific decision on jurisdiction--Petition converted into appeal and accepted-Case remanded to Rent Controller for expeditious further proceedings.