' ABDUS SATTAR ASGHAR, J.--- Petitioner has invoked the constitutional jurisdiction of this Court to impugn the order dated 7-6-2013 passed by learned Additional District Judge Gujrat whereby petitioner's application for his impleadment as a party in rent appeal, was dismissed.
2. Brief facts leading to this petition are that on 29-6-2005 Muhammad Qayyum and others/respondents Nos.1 to 4 lodged an ejectment petition against respondents Nos.5 to 12.
Respondents Nos.5 to 12 denied the relationship of landlord and tenant between the parties. The learned Rent Controller after framing of issues and recording parties' evidence accepted the ejectment petition with a direction to respondents Nos.5 to 12 to hand over the vacant possession of the premises in dispute to the respondents Nos.1 to 4 within one month. Salma Kausar respondent No,12 being aggrieved assailed the eviction order through appeal before the learned Additional District Judge Gujrat.
3. During the pendency of appeal petitioner lodged an application for his impleadment asserting that on the basis of an order dated 25-6-2011 passed by Member (Judicial-V) Board of Revenue/Chief Settlement Commissioner/Member (Residual Properties)/Notified Officer, Punjab, he has purchased the disputed property comprising an area measuring 4-1/2 marlas bearing khasra No,1810/1748 situated at Nawan Shah Pur, Gujrat forming part of Madrassa Jamia Ghousia Naeemia, Gujrat and that PT-I on the basis whereof respondents Nos.1 to 5 claimed their ownership has also been challenged by him through a separate civil suit pending adjudication. Application was resisted by respondents Nos.1 to 5 with the contentions that dispute of title of the disputed property is yet to be resolved by the Civil Court where respondent's suit is pending adjudication and that the petitioner was neither a landlord nor tenant of the disputed property therefore he has no case for impleadment in the proceedings of rent appeal.
3. It is argued by learned counsel for the petitioner that petitioner being bona fide purchaser of the disputed property has got a right to be impleaded as party in the proceedings of the pending rent appeal; that the learned Additional District Judge has failed to apply his judicious mind while passing the impugned order against law and facts, without appreciating the material available on the record which is untenable and liable to set aside.
4. Arguments heard. Record perused.
5. Record reveals that petitioner himself has admitted that his suit for declaration etc. On the basis of alleged purchase against the respondents is pending adjudication in the Civil Court. It is therefore obvious that the dispute of title pertaining to the property which is subject matter of the rent appeal, has yet to be resolved by the court of competent jurisdiction. Petitioner intended to join the proceedings in the rent appeal not as a co-sharer with the respondents/landlords rather on the basis of separate title adverse to the respondents who claimed to be landlord in respect of the property in dispute therefore forum of the learned Additional District Judge hearing the rent appeal was not available to the petitioner to assert his ownership or title in the disputed property.
Learned Appellate Court has rightly dismissed the petitioner's application for his impleadment as party in the rent appeal. Reliance be made upon:- (i) Raza Hussain v. District Judge, Vehari and others (1986 SCM R 1267) (ii) Nawabuddin v.. Qamar Oil Mills through its Proprietor represented by his Legal Heirs and others (1989 SCM R 205).
6. The impugned order passed by learned Additional District Judge does not suffer from any misreading or non-reading of the material available on the record. In the absence of any perversity, jurisdictional error, factual or legal infirmity or procedural irregularity in the impugned order the petitioner has no case to invoke the constitutional jurisdiction of this Court.
7. For the above reasons, this constitutional petition is dismissed in limine.