MUHAMMAD RAFIQUE Versus MUHAMMAD HANIF

ORDER

MUHAMMAD AFZAL ZULLAH, J.‑ ‑Leave to appeal has been sought from Judgment dated 31‑10‑1983 of the Lahore High Court, whereby a Constitutional Petition arising out of an urban rent restriction matter filed by the petitioner was dismissed.

2. All the relevant documents including the orders of the Rent Controller and the Additional District Judge passed against the petitioner, directing his eviction as tenant, have not been placed on record. It is, therefore, proper not to go into the facts and merits of the case and deal with the only question raised by the learned counsel; namely, that the petitioner having raised a question of title the Rent Controller should not have decided the case.

3. There is no law that whenever a tenant raises plea of title, the Rent Controller is obliged to refer the parties to the Civil Court. In this case, it appears from the impugned order that the petitioner, had filed four suits‑‑two were dismissed and two were withdrawn. It is not known what was the nature of that litigation nor the learned counsel is aware as to whether the petitioner has sought any other remedy available to him in pursuance of the observations made in the impugned order.

4. After hearing the learned counsel, we do not find any merit in the ‑point raised by him. That being so, this petition is dismissed.

M.I/M‑435/S Petition dismissed.