1. MUHAMMAD YAQUB ALI, J.-The learned counsel concedes that the Rent Controller has the jurisdiction to determine whether the relationship of landlord and tenant exists between the parties, but contends that the learned Judges in the High Court have in accepting the writ petition moved by the respondent against the order of the Rent Controller . Recorded a positive finding that the petitioner was a tenant under the respondent though the issue had yet to be determined by the Rent Controller.
2. A perusal of the record shows that the learned Judges were seized with the issue whether the proceedings in the application for the ejectment of the petitioner under section 13. Of the West Pakistan Rent Restriction Ordinance, 1958, were lawfully stayed sine die pending the decision of the civil suit filed by the petitioner disputing the validity of the sale deed under which the respondent claimed to have purchased the rights of the petitioner's lesser. The observations made by the learned Judges are, however, confined to the legality of the stay order by the Rent Controller and do not dispose of finally the issue whether the petitioner was a tenant under the respondent or not.
3. This question has yet to be decided by the Rent Controller in the light of the evidence brought before him by the parties.
4. The petitioner has no other quarrel with the order of the High Court. The petition for leave to appeal is dismissed with the observations made above.