1. ' MUKHTAR AHMAD JUNEJO, J.---Leave to appeal is sought against a judgment of the Peshawar High Court in First Appeal from Order No,6 of 1993.
2. ' Petitioner Rehmatullah filed application under section 17 of the Cantonments Rent Restriction Act, 1963 for eviction of respondents Fazal Baqi and Hakim Khan from the premises in litigation mentioned in the application. Eviction of the respondents was sought on the ground of default in payment of rent and bona fide personal requirement. Relationship of landlord and tenant was denied by the respondents in this written statement. The learned Controller of Rents, Peshawar Cantonment after recording evidence of the parties decided the issue about existence of relationship of landlord and tenants between the parties in the affirmative and ordered eviction of the respondents without framing any issue on merits. In appeal the High Court did not agree with view of the Rent Controller about existence of relationship of landlord and tenant between the parties. The High Court took view that the material brought on record by the respondent had made claim of the petitioner doubtful and in such a situation the petitioner should seek remedy in a Civil Court. Hence this petition.
3. Mian Younis Shah, learned counsel for the petitioner argued that there was statutory relationship of landlord and tenants between the parties, inasmuch as, the premises in litigation being in possession of the respondents were transferred to the petitioner under the Displaced Persons (Compensation and Rehabilitation) Act,1958. It was also argued that it was not necessary for the Petitioner to invoke jurisdiction of the Civil Court for seeking declaration about his title, when he had invoked the provisions contained in section 17 of the Cantonments Rent Restriction Act.
4. ' Mr. M. Aman Khan, learned counsel for the respondent opposed the petition and argued that there was no relationship of landlord and tenant between the parties.
5. ' Points raised by learned counsel for the petitioner require determination.
6. ' Consequently, leave is granted to determine the aforesaid points.