2007 PLD 283 LAHORE-HIGH-COURT-LAHORE

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ASHIQ HUSSAIN VS JAMIA MASJID HANFIA GHOUSIA through President West Pakistan Urban Rent Restriction Ordinance 1959--13 , --S. 13(6)---Ejectment petition---Landlord-tenant, relationship denied---Order passed under S.13(6) of the Ordinance, 1959---Effect---Framing of issues where tenancy was denied by tenant---Scope---Landlord/respondent filed ejectment petition against tenant/appellant qua shop in dispute---Tenant denied tenancy relationship between the parties---Rent Controller passed an order under S.13(6) of West Pakistan Urban Rent Restriction Ordinance, 1959, on ground that tenant having no documentary proof, could not deny landlord-tenant relationship---Tenant did not challenge such order passed under S.13(6) of the Ordinance---Rent Controller struck off tenant's defence and passed eviction order against him---Appellate Court dismissed appeal filed by tenant on ground that order passed by Rent Controller under S.13(6) of the Ordinance had not been challenged by tenant and the same had attained finality, and, therefore, tenant was rightly ejected from premises---Validity---Order under S.13(6) of the Ordinance was to be passed only where either landlord-tenant relationship was admitted or it was established from record that denial by tenant was contumacious, illusionary frivolous, baseless and without substance---Cogent reasons were to be recorded by Rent Controller before discarding denial of relationship of tenancy and passing order under S.13(6) of West Pakistan Urban Rent. Restriction Ordinance, 1959---Once tenant denied such relationship and issue on this behalf was intended to be framed by Rent Controller, then it was not permissible for him to' pass an order under S.13(6) directing tenant to deposit rent---Default in payment of rent where set out as a ground for eviction, the tenant, while denying relationship, was to take grave risk of ejectment for the reason that if his tenancy was established then the same was to be forfeited followed by straightaway ejectment order against him---Where tenancy was denied, Rent Controller was not supposed to frame any other issue such as ground of personal requirement or wilful default in payment of rent---Case was remanded to Rent Controller for recording of evidence of parties on issue of tenancy relationship and decide eviction application on the basis of said issue---Appeal was allowed.