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2006 CLC 926

BABU DIN vs CIVIL JUDGE/RENT CONTROLLER, MULTAN And 6 Other

Citation2006 CLC 926
CourtLahore High Court
Case No.Writ Petition No.2088 of 2005
Date2005-05-12
Judge(s)Nazir Ahmed Siddiqui
ResultPetition allowed

ORDER

NAZIR AHMAD SIDDIQUI, J.---Respondents Nos.2 to 7 filed an application under section 13 of the Punjab Urban Rent Restriction Ordinance, 1959 seeking eviction of the petitioner from the house in question. Relationship of landlord and tenant was denied by the petitioner, therefore, the learned Rent Controller frame the following issues:--

(1) Whether there exists relationship of landlord and tenant between the parties, if so, whether the petitioners are entitled to get rent from the respondent'? OP Parties.

(2) Relief.

2. However, on an application moved by respondents Nos.2 to 7, the learned Rent Controller passed an order under section 13(6) (ibid) directing the petitioner to deposit the rent w.e.f. June, 2002 to March, 2005 vide order, dated 28-3-2005,. Now impugned through the instant constitutional petition.

3. Arguments heard. Record perused.

4. Undeniably, the relationship of landlord and tenant has yet to be determined, therefore, the impugned order directing the petitioner to deposit the rent suffers from material irregularity/illegality and jurisdictional defect. Hence, this Constitutional petition stands allowed A by declaring the same without lawful authority and of no legal effect. It shall be in the fitness of things and fairplay that the learned Rent Controller shall decide the case within two months from the receipt of copy of this order.

Cited by 6 cases

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