SHAUKAT JAVED Versus ABDUL KHALIQ

ORDER

SAAD SAOOD JAN, J.‑‑ This petition for special leave to appeal arises out of an application for eviction filed by the petitioner against the respondents. The application was allowed by the Rent Controller and the appeal of respondent No.1 before the District Judge failed. Respondent No.1 then filed a Constitutional petition in the High Court. learned Single Judge accepted the petition and set aside the orders of the District Judge and the Rent Controller. The petitioner now seeks leave to appeal from this Court.

2. The case of respondent No.1 in the ejectment proceedings was that the property in dispute did not belong to the petitioner but that it was owned by him and thus, the relationship of landlord and tenant did not exist between the parties. The learned Rent Controller and the Additional District Judge rejected this plea. However, in writ jurisdiction, the High Court held that the petitioner had not been able to establish his title to the property in dispute.

3. In `support of this petition it is contended that it was not open to the High Court in writ jurisdiction to interfere with the concurrent finding of the Additional District Judge‑ and the Rent Controller with regard to the relationship of landlord and tenant between the parties and that it also erred in casting doubt on the title of the petitioner to the property in dispute. This contention needs examination. Leave to appeal is granted. Security for costs in the sum of Rs.5,000. The appeal may be made ready for hearing on the present record with permission /direction to the parties to file additional necessary documents, if any.

M.I./S‑162/S Leave granted.