Pakistan Case Law
1985 SCMR 962

EHZAR ALI ARHTI vs MUHAMMAD YAQOOB KHAN And Other

⭐ Prefer in Google
Citation1985 SCMR 962
CourtSupreme Court of Pakistan
Case No.Civil Petition No.879 of 1984 Writ Petition No.2508 of 1984
Date1984-10-08
Judge(s)Abdul Kadir Shaikh and Shafiur Rahman
Authored byShafiur Rahman
ResultLeave refused
Summary

This petition for leave to appeal arose from an ejectment order against a tenant regarding a shop in Khokha Bazar, Kallur Kot. The petitioner challenged the eviction order, disputing the respondent's title as landlord and denying the existence of a landlord-tenant relationship. The Rent Controller and the District Judge had previously affirmed the eviction, and the Lahore High Court dismissed the petitioner's constitutional petition. The core legal question was whether the High Court erred in refusing to re-examine the factual findings regarding property identity and the landlord-tenant relationship under its constitutional jurisdiction. The Supreme Court held that the Rent Controller had the jurisdiction to determine these factual questions and that the evidence presented was sufficient to support the findings of fact. The Court ruled that the High Court correctly declined to interfere with these factual determinations. The principle laid down is that where a Rent Controller has properly appraised evidence to establish the relationship of landlord and tenant, such findings of fact are not subject to interference in constitutional jurisdiction, though the party may seek civil adjudication regarding title disputes.

Questions settled in this judgment
  • Can a High Court interfere with findings of fact regarding the landlord-tenant relationship in constitutional jurisdiction?
  • Does a Rent Controller have the jurisdiction to determine the identity of property and the existence of a landlord-tenant relationship?
  • Is a party permitted to seek civil adjudication of title rights after an adverse finding in rent proceedings?
ejectmentlandlord and tenantconstitutional jurisdictionfindings of factrent controllerleave to appealdispute of title

ORDER

1. SHAFIUR RAHMAN, J.-- The petitioner, a tenant, under orders of ejectment from a shop seeks leave to appeal against the judgment of the Lahore High Court, dated 6-6-1984 whereby his Constitutional petition challenging the eviction order passed by the Rent Controller and affirmed by the District Judge, was dismissed.

2. The respondent held a P.T.O. For Plot No.10, situated at Khokha Bazar, Kallur Kot, District Mianwali, which had been subsequently permanently transferred to him, sought eviction of the petitioner claiming him to be his tenant. The petitioner contested the claim of the respondent to be his landlord, for his liability to pay the rent and denied the existence of relationship of landlord and tenant. The Rent Controller decided against the petitioner. The decision was upheld in appeal. The petitioner was unsuccessful on invoking the constitutional jurisdiction of the High Court.

3. The learned counsel for the petitioner conceded that the controversy, which he brought to the High Court in constitutional jurisdic--tion, was one of fact, namely, the identity of the property and the existence of the relationship of the landlord and the tenant between the parties. The Controller had the jurisdiction to examine both these questions. The contention is that evidence has not been correctly read and the conclusions drawn are incorrect. His grievance is that the High Court has not gone deep into the matter and taken note of the deficiencies in the case of the respondents. It was necessary that the matter should have been examined more thoroughly because the very title was in dispute.

4. We find that the documents produced by the respondents before the Controller were sufficient to justify the recording of a finding of fact as was done by the Controller and the first appellate Court.

5. It appears from the documents placed by the petitioner on record that the respondents had applied for Survey No.40, Khokha Bazar, Kallurkot. The name of the evacuee owner was Nersing Dass Kirpa Ram and that it was all covered and was being used as a shop in the year 1963. In the light of the documentary evidence and oral evidence the Controller held the respondents to be the transferee of the property and relationship of landlord and tenant established. In recording this finding of fact, appraisement of evidence had necessarily to be done and no such error appears as could justify the interference by the High Court, in constitutional jurisdiction or further examination of the question by this Court. Leave to appeal is, therefore, refused. However, as the respondent has raised a question of title he is permitted, if so advised, to take the matter to the civil Court for adjudication of the rights in the property including the superstructure, if any.

For educational and research use only — not legal advice. Verify against the official report before relying on it. See our Disclaimer.