2019 YLR 2894 ISLAMABAD

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YASIN KHAN VS ADDITIONAL DISTRICT JUDGE NO.VII, DISTRICT JUDGE WEST, ISLAMABAD S. 17---eviction of tenant---Denial of relationship of landlord and tenant by the tenant---Landlord having Iqrarnama of demised premises---Dispute of title---Rent Controller, jurisdiction of---eviction petition was dismissed on the ground that relationship of landlord and tenant did not exist between the parties---Validity---Rent Controller could exercise jurisdiction if there was pre-existing relationship of landlord and tenant between the parties---eviction order passed by the Rent Controller against the person in possession of the premises who was not a tenant would be without jurisdiction---If a person in possession of premises was not a tenant then the owner of said premises would be entitled to institute a suit for ejectment in the Civil Court---Provisions of Islamabad Rent Restriction Ordinance, 2001 were attracted only where a person in possession of the premises was a tenant---If tenant had denied the relationship of landlord and tenant then Rent Controller should determine such question through enquiry or recording of evidence as he might deem appropriate---Simple denial of relationship of landlord and tenant could not oust the jurisdiction of Rent Controller---If Rent Controller had decided that there was no relationship of landlord and tenant then proceedings should be terminated without deciding the main question of eviction---No lease agreement executed between the parties was on record---Nothing was on record that petitioner was owner of rented premises---Rent Controller could not determine the disputed question of title---Such questions had to be determined by Courts of plenary jurisdiction---Payment of rent was a sine qua non for the relationship of landlord and tenant---Petitioner had failed to prove that respondent had paid rent to him at any stage---Petitioner was bound to prove the existence of relationship of landlord and tenant between the parties---Impugned orders passed by the Courts below did not suffer from jurisdictional errors---Constitutional petition was dismissed, in circumstances.