1986 SCMR 1685 SUPREME-COURT

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MUHAMMAD RAFI VS KHALID RAUF West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959--15 , ---Art. 185(3)--West Pakistan Urban Rent Restriction Ordinance (VI of 1959), Ss. 13 & 15--Ejectment--Ejectment on ground of personal need and re-construction--Denial of title of landlord by tenant--Application rejected by Rent Controller on ground that relationship of landlord and tenant was not proved--Appellate Court holding that said relationship was established and as respondent-tenant had denied the very title of appellant to suit property and also denied existence of relationship of landlord and tenant, tenancy automatically terminated and respondent was liable to ejectment-- Order challenged in writ jurisdiction which was dismissed--Leave to appeal granted to consider plea that without statutory grounds for eviction having been established either direct or by necessary implication mere forfeiture on such denial cannot automatically result in an eviction order--After preliminary issues had been resolved, as there was no question of default involved, it was necessary that statutory grounds should have be