2014 YLR 2493 LAHORE-HIGH-COURT-LAHORE

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UMAR HAYAT VS MUHAMMAD AKBAR 1983 SCMR 1064, 2000 SCMR 1525, 2007 SCMR 818, 2012 CLC 51, PLD 1985 SC 1, Application for ejectment of tenant--Term , Constitutional petition--TERM , West Pakistan Urban Rent Restriction Ordinance 1959--13 , S. 13---Constitution of Pakistan, Art. 199--- Constitutional petition---Application for ejectment of tenant---Dispute with regard to title of property---Rent Controller, jurisdiction of---Scope---Contention of tenant was that there was dispute with regard to title of demised premises which could be resolved only by the civil court---eviction petition was accepted concurrently---Validity---Issue of title was on record between the parties---Civil court had jurisdiction to adjudicate upon the question of title and fraud, if any, having been perpetrated in securing the sale-deed---Rent Controller was not vested with the power to go into the question of title of property---Rent Controller could assume jurisdiction only in cases where tenancy was admitted---Both the courts below had overstepped their jurisdiction and orders passed by them were not sustainable---Impugned orders had been passed without lawful authority having no legal effect which were set aside---Constitutional petition was accepted in circumstances.