2011 CLC 1613 QUETTA-HIGH-COURT-BALOCHISTAN

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Haji HUSSAIN KHAN VS Haji ABDULLAH JAN Code of Civil Procedure 1908--115 , Determination--TERM , West Pakistan Urban Rent Restriction Ordinance 1959--13 , S. 13---Civil Procedure Code (V of 1908), S.115---Ejection of tenant---Relationship of landlord and tenant---Determination---Subletting of premises---Tenant without permission of landlord sublet the premises and put petitioners in possession of shop/tin question--Ejectment application filed by landlord was allowed by Rent Controller and eviction order was passed against petitioners---Plea raised by petitioners was that Rent Controller had no jurisdiction to decide the question of title of property---Validity---Findings of Rent Controller were related to relationship of landlord and tenant, in which, it had fully been established that tenant had violated. provisions of section 13(2)(ii) of West Pakistan Urban Rent Restriction Ordinance, 1959, and without permission or written consent had transferred or sublet shop in question to petitioners and petitioners were not allowed to make redundant or emasculate the law of West Pakistan Urban Rent Restriction Ordinance, 1959, to raise any fictitious or concocted claim for non-existence of relationship with landlord as a tenant---Provisions of West Pakistan Urban Rent Restriction Ordinance, 1959, related to hierarchy of resolving civil nature of disputes and any ancillary or offshoot of any tenancy agreement in respect of title or relationship could be seen and resolved in respect of that tenancy agreement---However, in any distant, intricate and complicated question of title or any question of illegally grabbing property, not related to tenancy agreement, Rent Controller had no jurisdiction to independently try the question and give any finding related to the same because it was only the civil court which could entertain such disputes, after proper proof and evidence to decide the matter---Rent Controller did not exercise a jurisdiction which had not been vested in it by law or failed to exercise his jurisdiction so vested in him or he did not exercise his jurisdiction, illegally or with material irregularity---High Court declined to interfere in eviction order passed by Rent Controller against petitioners---Revision petition was dismissed in circumstances.