2016 YLR 1822 PESHAWAR-HIGH-COURT

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MOHD ILYAS VS NAEEMULLAH Ejectment of tenant--Term , West Pakistan Urban Rent Restriction Ordinance 1959--13 , S. 13---Ejectment of tenant---Personal bona fide need of landlord---Denial of relationship of landlord and tenant by the tenant---Rent Controller, jurisdiction of---Scope---Relationship of landlord and tenant was denied on the ground that wife of the tenant being real sister of landlord was co-owner in the demised premises---eviction petition was accepted concurrently---Validity---Nothing was on record that landlord was exclusive owner of the demised premises---Landlord was bound to prove rent deed by producing marginal witnesses and a scribe of the same---Neither ownership nor the relation as landlord and tenant existed between the parties---Landlord had failed to prove his personal bona fide need as required under the law---Question of relationship between the parties as landlord and tenant would relate to their legal status---Nature of relationship inter se was mixed question which had to be decided in the light of evidence---Bona fide need of landlord of the premises in good faith had to be assessed in the light of available evidence which was lacking in the present case---Rent Controller was bound to frame preliminary issue with regard to relationship between the parties as landlord and tenant and decide the same---Ejectment of tenant had been permitted only on the specified grounds---Rent Controller being persona designata was required to decide the issue after applying judicial mind---Mere assertion of landlord was not to be considered and without clarity no order could be passed for ejectment in favour of landlord---Ownership/title could not be decided by the Rent Controller who had limited jurisdiction in the proceedings---Findings recorded by the Appellate Court were alien to law---Both the courts below had not decided the "lis" with conscious and application of independent mind---Impugned orders passed by both the courts below were not sustainable which were set aside and ejectment petition was dismissed---Appeal was accepted in circumstances.