ABDUR REHMAN Versus SHAHID LATIF

ORDER

MUHAMMAD AFZAL ZULLAH, J.‑ ‑Leave to appeal has been sought by tenants against Judgment dated 20‑6‑1984 of the Lahore High Court, whereby their Constitutional Petition arising out of order of eviction passed by a learned Rent Controller under the Rent Restriction Law, was dismissed.

2. The petitioners were sought to be evicted on ground, amongst others, of default in payment of rent. No argument has been advanced before us that there was no default in payment of rent. The learned counsel however contended that the petitioners having raised the plea of lack of title in the suit property, in so far as the respondents/landlords are concerned, it was proper that the eviction petition should have been dismissed and the respondents/landlords should have been directed to seek the declaration about title in the first instance from a Civil Court.

3. The learned Single Judge in the High Court dealt with this question and came to the conclusion that the question of title, having been raised, was properly dealt with by the learned lower Courts. The controversy was decided against the petitioners. It was also examined in the impugned judgment, whether it was a fit case to permit the petitioners to seek any further remedy with regard to title from the Civil Court. But it was found that there being no shadow of doubt with regard to the respondents title, it was not p necessary nor proper to permit the petitioners to agitate this question any further in any other forum.

4. The approach of the learned Single Judge in the High Court is in conformity with the rule laid down by this Court in Province of Punjab through Education Secretary and another v. Mufti Abdul Ghani P L D 1985 S C 1. When confronted with this legal position, learned counsel was unable to urge anything further in support of this petition. It is, accordingly, dismissed.

M. I. /A‑222/S Petition dismissed.