1988 CLC 311 KARACHI-HIGH-COURT-SINDH

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MUMTAZ RIAZ VS MASOOD SIDDIQUI Cantonments Rent Restriction Act 1963--17 , Cantonments Rent Restriction Act 1963 Ss. 17 & 24 [as amended by Cantonments Rent Restriction (Amendment) Ordinance (IX of 1985) ]??Ejectment??Application for eviction inter alia, on ground of default in payment of rent??Tenant denying relationship of landlord and tenant??Rent Controller deciding preliminary issue regarding relationship of landlord and tenant between parties and ordering ejectment and not going into question of default in order to find whether there was a wilful default or not??Held, order of ejectment passed by Rent Controller was illegal??h?rely because tenant had denied relationship of landlord and tenant would not mean that when issue was decided against tenant ejectment was to follow??Order of ejectment set aside and case remanded to Rent Controller with direction to record evidence of parties, if any, on point of default and other points and decide case in accordance with law.