1. ' MUHAMMAD AFZAL ZULLAH, J.--This is tenant's petition, against the dismissal by the High Court of his Writ Petition; which had arisen out of the order of his eviction under the Rent Restriction Law. The question now pressed before this Court is whether the relationship of the landlord and tenant existed between the parties or not.
2. ' The property in question was admittedly transferred under the law relating to the settlement of displaced persons. The dispute is whether the portion in question stood transferred to the petitioner side or to the respondent side. On the basis of the evidence led before the learned Courts below, it has been found that the disputed portion was transferred to the respondent side and that the petitioner's position was only that of a tenant.
3. Learned counsel has argued the matter at length taking us through various documents relating to transfer of the concerned properties which are on record. But, all the documents which are required to be examined, had not been placed on the record. The findings as they appear from the impugned judgments, do seem to be unexceptionable so as to justify the dismissal of this petition and refusal for leave to appeal by this Court. However, in the peculiar circumstances of this case, we consider it fit and proper to observe that the petitioner may, if so advised, file a suit in the Court of general jurisdiction (after surrendering the possession to the respondent successful party) for declaration of ownership and possession.
4. ' With these observations, leave to appeal is refused.