FAYYAZ BUTT And Another vs Mst. AZIZ BEGUM
This matter arises from a petition for leave to appeal against the judgment of the Lahore High Court, which ordered the eviction of the tenant petitioners from a residential premises on the ground of default in payment of rent, reversing the concurrent findings of the lower fora. The core legal questions concern whether the institution of an ejectment application can serve as a substitute for the mandatory notice of transfer under Section 13-A of the West Pakistan Urban Rent Restriction Ordinance 1959, the admissibility of photostat copies of notices and postal envelopes placed on record, the competency of the Rent Controller to inquire into the validity of a landlord's title upon which the tenancy is based, and the permissibility of interfering with concurrent findings of fact in second appeal without establishing misreading or omission of evidence. The Supreme Court held that the points raised by the petitioners are of a substantial nature requiring consideration and granted leave to appeal, while continuing the stay subject to conditions regarding the deposit of rent and furnishing security. The key principle laid down is that substantial questions regarding statutory notice requirements, evidentiary admissibility, and the scope of inquiry into title by a Rent Controller warrant a full hearing by the appellate court.
- Can the institution of an ejectment application substitute for the notice of transfer required under Section 13-A of the West Pakistan Urban Rent Restriction Ordinance 1959?
- Is a Rent Controller competent to inquire into the validity of the title of a landlord when the tenant disputes the relationship of landlord and tenant?
- Can concurrent findings of fact regarding the non-existence of a landlord-tenant relationship be interfered with in second appeal without proof of misreading or omission of evidence?
- Are photostat copies of notices and postal envelopes admissible in evidence to prove service of notice under rent restriction laws?
- Section 13-A, West Pakistan Urban Rent Restriction Ordinance 1959
- Section 13, West Pakistan Urban Rent Restriction Ordinance 1959
ORDER
KARAM ELAHEE CHAUHAN, J.--The dispute in this case is about a residential premises situated in Hassan Park Balal Ganj near T.B. Hospital, Lahore. Mst. Aziz Begum (hereinafter called the landlady) filed an application for ejectment of the petitioners from the aforesaid property on the ground of default in payment of rent, personal need, and damage to the property. The application was dismissed by the learned Rent Controller on 12-1-1977. The landlady filed an appeal which also met the same fate and was dismissed by the learned Additional District Judge on 13-4-1977. The landlady then filed a second appeal being No.346/77 which brought fruit inasmuch it was accepted by a learned Single Judge of the Lahore High Court on 28-10-1979 who ordered eviction of the tenants/ petitioners on the ground of default in payment of rent. The petitioners have come up in a petition for leave to appeal against the same to this Court.
2. Learned counsel for the petitioners has argued that in this case the landlady (who claimed to be a transferee from Muhammad Akmal P.W.) did not issue any notice to them under section 13-A of the West Pakistan Urban Rent Restriction Ordinance VI of 1959, intimating the factum of any alleged transfer of the property in dispute in her name. On this subject there were concurrent findings of the to Courts below which were disturbed by the High Court but nevertheless that Court observed that the institution of the ejectment application could be considered as a notice by itself. In this respect the High Court also referred to certain photo stat copies of notice and postal envelopes, which had just been placed on the file for the purpose of showing issuance to, or service of the notice on the petitioners. These documents it was argued were not admissible in evidence and the order of the High Court, which is based on the aforesaid, is vitiated for that reason. Another point raised is that the High Court took the view that the learned Rent Controller was not a competent authority to inquire into the validity of title of the landlady. It was submitted that it was solely on the bases of the aforesaid title that the petitioners were being alleged to have become tenants at the respondents. In the circumstances an inquiry into the factum and validity of the title was very much relevant and the High Court erred in ignoring this aspect of the matter. It is also pleaded that a finding of fact regarding non-existence of relationship of landlord/tenant could not have been interfered with in second appeal, as there was no misreading or omission of evidence.
3. In our opinion the points raised are of substantial nature, which require consideration. Leave to appeal is granted. The stay granted earlier is continued subject to the deposit of rent by the petitioners at the rate of Rs.60 per month from 15-9-1971 upto date within three months and future rent at the same rate within the terms of section 13 of the Ordinance. Security Rs.5,000.