REHMATULLAH vs FAZAL BAQI and anothers
This petition for leave to appeal was filed against the judgment of the Peshawar High Court in First Appeal from Order No. 6 of 1993, arising out of eviction proceedings under the Cantonments Rent Restriction Act, 1963. The petitioner sought eviction of the respondents on grounds of default in rent payment and bona fide personal requirement. The respondents denied the existence of a landlord-tenant relationship. Although the Rent Controller ruled in favor of the petitioner establishing the landlord-tenant relationship and ordered eviction without framing issues on the merits, the High Court reversed this decision. The High Court held that the evidence presented created doubt regarding the petitioner's claim, advising the petitioner to seek a remedy in the Civil Court. The Supreme Court considered the argument that a statutory landlord-tenant relationship existed pursuant to property transfer under the Displaced Persons (Compensation and Rehabilitation) Act, 1958, making a civil suit for title declaration unnecessary. The Supreme Court granted leave to appeal to examine and determine these legal questions.
- Whether a statutory relationship of landlord and tenant arises between a transferee of property under the Displaced Persons (Compensation and Rehabilitation) Act, 1958 and the occupants of such property?
- Whether an applicant under Section 17 of the Cantonments Rent Restriction Act, 1963 must seek a title declaration from a Civil Court when the tenancy relationship is disputed by the tenant?
- Section 17, Cantonments Rent Restriction Act 1963
- Displaced Persons (Compensation and Rehabilitation) Act 1958
ORDER
1. ' MUKHTAR AHMAD JUNEJO, J.---Leave to appeal is sought against a judgment of the Peshawar High Court in First Appeal from Order No,6 of 1993.
2. ' Petitioner Rehmatullah filed application under section 17 of the Cantonments Rent Restriction Act, 1963 for eviction of respondents Fazal Baqi and Hakim Khan from the premises in litigation mentioned in the application. Eviction of the respondents was sought on the ground of default in payment of rent and bona fide personal requirement. Relationship of landlord and tenant was denied by the respondents in this written statement. The learned Controller of Rents, Peshawar Cantonment after recording evidence of the parties decided the issue about existence of relationship of landlord and tenants between the parties in the affirmative and ordered eviction of the respondents without framing any issue on merits. In appeal the High Court did not agree with view of the Rent Controller about existence of relationship of landlord and tenant between the parties. The High Court took view that the material brought on record by the respondent had made claim of the petitioner doubtful and in such a situation the petitioner should seek remedy in a Civil Court. Hence this petition.
3. Mian Younis Shah, learned counsel for the petitioner argued that there was statutory relationship of landlord and tenants between the parties, inasmuch as, the premises in litigation being in possession of the respondents were transferred to the petitioner under the Displaced Persons (Compensation and Rehabilitation) Act,1958. It was also argued that it was not necessary for the Petitioner to invoke jurisdiction of the Civil Court for seeking declaration about his title, when he had invoked the provisions contained in section 17 of the Cantonments Rent Restriction Act.
4. ' Mr. M. Aman Khan, learned counsel for the respondent opposed the petition and argued that there was no relationship of landlord and tenant between the parties.
5. ' Points raised by learned counsel for the petitioner require determination.
6. ' Consequently, leave is granted to determine the aforesaid points.
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