1. ASIF SAEED KHAN KHOSA, J.---After hearing the learned counsel for the petitioner and going through the record of this case with his, assistance leave to appeal is granted inter alia to consider the following questions:--
(1) Have the principles of frustration of contract contained in section 56 of the Contract Act, 1872 been correctly applied to the facts of this case by the learned. Judge-in-Chamber of the Lahore High, Court, Lahore and the learned Additional District Judge, Lahore?
(2) Admittedly the premises in issue had collapsed before commencement of the petitioner's tenancy and the petitioner was not in physical possession of the said premises at the time of filing of an Ejectment Petition by the respondent against him. Was an Ejectment Petition seeking ejectment of the petitioner from such collapsed premises competent before the Rent Controller in such circumstances, particularly when the petitioner was not in physical possession of those premises?
(3) If the petitioner, was not in physical possession of the premises in issue at the time of filing of the Ejectment Petition and if the Ejectment Petition was not competent before the Rent Controller in such a situation then was the dispute between the parties not confined only to recovery of some outstanding dues by the respondent from the petitioner over which dispute a Rent Controller had no jurisdiction and for resolution of such a disputed only a civil court could have been approached by the respondent?
2. ' The appeal may be prepared on the present record and being a rent matter, may be fixed for regular hearing at an early date.