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1986 CLC 912 KARACHI-HIGH-COURT-SINDH

Sindh · 1986

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GOVERNMENT OF SIND VS DISTRICT JUDGE, KARACHI Cantonments Rent Restriction Act 1963--PREAMBLE , Cantonments Rent Restriction Act 1963 Preamble and S.17--Ejectment--Relationship of landlord and tenant-Proof--Exclusion of jurisdiction of Rent Controller--eviction application would be maintainable where relationship of landlord and tenant was proved to exist between parties--In absence of such relationship, either admitted or proved, Rent Controller, held, would have no jurisdiction, to pass order of eviction--Denial of relationship either on ground that person seeking eviction was not owner, and person proceeded against not tenant of premises or -on ground that though applicant was owner, respondent denied status of tenant, claiming himself to be trespasser or licensee, in either of situations. Rent Controller, would have no jurisdiction to deal with matter--Landlord would have to file suit for possession against tenant in circumstances.