2024 YLR 2779 PESHAWAR-HIGH-COURT

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Nisar Ullah VS Farman Ali Ss.13-A & 13(6)---Ejectment of tenants---Denial of relationship of landlord and tenant---Deposit of rent before the Rent Controller---Petitioners/ subsequent transferees of property in dispute posing themselves to be landlords filed eviction petitions on the grounds of default, personal need and violation of terms of agreement---During the pendency of eviction petition transferees filed application for deposit of rent in court---Transferees claimed themselves to be landlords on the basis of an unregistered sale deed---Transferors and erstwhile landlord were not impleaded in the ejectment petitions---Contention of the tenants was that no notice was served upon them as to change of ownership---Application for deposit of rent filed by transferees was dismissed by the Rent Controller---Validity---As the unregistered deeds relied upon by the tenants pertaining to the transfer of ownership from their vendors still required recording of evidence because neither the transferors were the party to the ejectment applications nor they had yet been examined by the transferees as witnesses in order to prove their status as transferees and then as landlords by proving that the tenants were served with the notice of change of ownership, as alleged by them, thus, in view of denial of the relationship of landlord and tenant, no order under S.13(6) of the West Pakistan Rent Restriction Ordinance, 1959, could be passed for directing the tenants to deposit the rent before the Rent Controller.---Constitutional petition was dismissed accordingly.