1. ' MRS. QAISAR IQBAL, J.---There seems to be a controversy between the landlord and the tenant in respect of demised premises pending adjudication before IXth Senior Civil Judge and Rent Controller (South) at Karachi. Mr. Asif Ali Pirzada states that learned Rent Controller had proceeded to record the evidence of the landlord did not record the statement of the tenant therefore interim order operating in the petition be vacated as it is hampering the rights of the parties particularly that of the landlord and will cause irreparable loss to him.
2. ' When confronted with the above position. Mr. Haider Waheed learned counsel for petitioner has fairly conceded that the learned Rent Controller be directed to decide the issue about the relationship of landlord and tenant between the parties at the first instance. It is next urged that materially the question relating to landlord and the tenant ought to have been decided by the learned Rent Controller in consonance with the dictum laid down in Nazar Mooraj through Legal Heirs v. Iftildiar Hussain through Legal Heirs (2001 SCM R 1437), the relevant portion is reproduced herein below:-- "It is well settled by now that "the issue whether relationship of landlord and tenant exists between the parties is one of jurisdiction and should be determined first, in case of its answer be in negative the Court loses scission over lis and must stay his hands forthwith". (PLD 1961 Lahore 61)(DB). There is no cavil to the proportion that non establishment of relationship of landlady and tenant as envisaged by the Ordinance will not attract the provisions of the Ordinance. In this regard we are fortified by the dictum laid down in 1971 SCM R 82. We are conscious of the fact that ownership has nothing to do with the position of landlord and payment of rent by tenant and receipt thereof by landlord is sufficient to establish relationship of landlord and tenant between the parties."
3. ' When confronted with the above position, Mr. Asif Ali Pirzada has conceded that the learned Rent Controller should first decide the application filed by the petitioner under Order VII Rule 1J, C.P.C. At the first instance to resolve the question of jurisdiction in connection with the cause of action accrued to the landlord against the tenant by way of filing ejectment application. In view of the above circumstances, learned counsel for petitioner does not press the petition which is accordingly disposed of along with listed application with the direction to the learned Rent Controller to decide the .Application filed by the petitioner under Order VII Rule 11 C.P.C. At the first instance before proceeding to record the evidence of tenant for materially resolving the question of jurisdiction.