2016 MLD 121 PESHAWAR-HIGH-COURT

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FAZAL RAZIQ VS Haji SHER ZAMAN 2004 SCMR 126, PLD 2006 SC 549, Constitutional petition--TERM , Ejectment of tenant--Term , West Pakistan Urban Rent Restriction Ordinance 1959--13 , S. 13---Constitution of Pakistan, Art. 199---Constitutional petition---Ejectment of tenant---Default in payment of rent---Denial of relationship of landlord and tenant by the tenant---Question of title---Scope---Landlord filed eviction petition on the ground of default in payment of rent---Eviction petition was dismissed by the Rent Controller but same was accepted by the Appellate Court---Validity---Nothing was on record to show the payment of rent by the tenant to the landlord---No tenancy agreement existed between the parties---Question of title was irrelevant in the matters of ejectment---Appellant Court had misconceived the situation while adhering to the question of title---Person might be owner but not a landlord and he might be landlord but not an owner---Pivotal question for determination before the Rent Controller was that of relationship of landlord and tenant---Impugned judgment passed by the Appellate Court was set aside and that of Rent Controller was restored and ejectment petition was dismissed---Constitutional petition was accepted in circumstances.