' MUHAMMAD SAYEED AKHTAR, J.---A common question of law and fact as involved in Writ Petition No,10453 of 2003 and Writ Petition No,10454 of 2003. I propose to dispose of these two by a common judgment.
2. Markaz Ishaat-e-Islam Pakistan, Jamia Masjid, F-Block Model Town, Lahore/respondent No,2, in both the writ petitions, filed ejectments petitions under section 13 of the Punjab Urban Rent Restrictions Ordinance, 1959 against A respondents from Shops Nos.2 and 3 of Jamia Masjid F- Block Model Town, Lahore on the ground of default in the payment of rent w.e.f, June, 1983 onwards and subletting of Shop No,2.
' The eviction applications were resisted by the tenants denying the relationship of landlord and tenant between the parties stating that Model Town Islamic Trust (the petitioner) was the landlord and was being paid the rent. During the pendency of the aforementioned eviction petitions, the petitioner filed applications under Order I, rule 10, C.P.C. For impleading them as parties to the same. The learned Rent Controller vide his order dated 30-5-2003 dismissed the applications of the petitioners under Order I, rule 10, C.P.C.
3. Learned counsel for the petitioners contended that the respondent No,2 (the alleged landlord) has stated in his application for ejectment that he has been shown as owner and landlord in "Khasra Amarati" for the year 1980-81 but in reply to the application for impleading the petitioners as party, a different stand has been taken stating that the respondent, Markaz Ashaat-e-Islam (landlord/petitioner) is the administrator of the property situated in Khasra No,1013, F-Block Model Town, Lahore including Masjid, Madrisa, shops etc. Model Town Trust has no rights or interest in the property. He further argued that leave to appeal has been granted to the petitioner by the Honourable Supreme Court in C.P.L.A. No,435/L/1999 regarding the property in question.
' Conversely the learned counsel for the respondent No,2 submitted that the tenants have denied the relationship of landlord and tenant and if the same is not proved the petition will be dismissed.
The petitioner is neither a necessary nor proper party. The tenants/other respondents have supported the petitioner alleging that they are tenants of the petitioner and have been paying the rent to it.
4. I have gone through the impugned order, perused the record and considered the arguments of the learned counsel for the parties. The facts culled from the record and the leave granting order dated 29-4-2002 passed in C.P.L.A. No,435-L of 1999 reveal that petitioner Trust was registered with the Registrar Joint Stock Companies, Lahore in 1937 Model Town Co-Operative Society made a gift of the land to the petitioner through Mutation No,652 attested on 25-6-1962. Petitioner Trust obtained the approval of the building plan for construction of mosque, madrasa and shops on the site on 3-5-1965. Owing to financial constraints Anjaman Hanfia was associated by the petitioner.
This Anjaman employed Maulana Muhammad Shafi Josh as its Khatib in 1971-72 who got a Society registered by the name of Markaz Ashaat-eIslam Pakistan (respondent No,2) on 21-5-1980. The said Maulana got himself elected as President of the Society. He instituted a suit for permanent injunction on 21-8-1988 against Anjaman Hanfia claiming that the petitioner Trust has assigned the interest in the plot bearing Khasra No,1013, F-Block Model Town, Lahore to him. Another suit was filed by the respondent No,2 for declaration against the petitioner and others to the effect that proceedings conducted by the Deputy Administrator Model Town Co-Operative Society Ltd. Were void and of no legal effect. During the pendency of the suit parties reached a compromise and a consent order was passed on 29-11-1994 that no dispute was left between the parties and that respondent No,2 should continue with the administration and management of the mosque and madrasa to which the petitioner would have no objection. This culminated into filing of C.P.L.A.
No,435/L/1999 in which the leave to appeal has been granted on 29-4-2002 by the Honourable Supreme Court of Pakistan.
' The aforementioned facts reveal that the parties are locked in litigation. The Honourable Supreme Court has granted leave to appeal with the following observation:-- "We grant leave to consider the question whether the Courts below, including the High Court, rightly dealt with the disposal of property in suit in terms of the compromised and treated the property as private property instead of considering it as Muslim Wakf property dedicated for religious and pious purposes for the general goods and welfare of the Muslim community."
' The respondent No,2 in the first stance claimed to be the owner of the property, thereafter changed the Stance and is asserting itself as only an administrator of the same. The respondents are claiming to be tenants of the petitioner. The Honourable Supreme Court has already observed (though not finally concluded) that the property in question is 'Waqf' and cannot be treated as a private property. The petitioner Trust is a Mulawali. In my view it is impernative to implead the petitioner as a party to the ejectment applications in order to enable the Court effectively and completely to adjudicate upon and settle the question involved. All the record of the property is with the petitioner, complications may arise if an ejectment order is passed against the respondents tenants and the possession of shops is handed over to respondent No,2. The petitioner is necessary and proper party.
5. For what has been stated above these petitions are allowed. The impugned, orders dated 30-5- 2003 passed by the learned Rent Controller are declared to be without lawful authority and of no legal effect. The petitioner is allowed to be impleaded as party to the ejectment petitions.