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Civil Petition No. 636 of 1984, decided on 6th June, 1984.
(From the judgment of the Lahore High Court, dated 10-4-1984 passed in Writ Petition No. 3865 of 1981).
--Art. 185(3)---West Pakistan Urban Rent Restriction Ordinance (VI of 1959), S.13--Contentions of petitioner were dealt with at some length by High Court before rejecting same--Supreme Court being satisfied that no case having been made out for issue of writ before High Court, dismissed petition for leave to appeal.
Sh. Masud Akhtar, Advocate-on-Record for Petitioner.
Nemo for Respondents.
Date of hearing: 6th June, 1984.
This petition arises from an ejectment proceeding which resulted in the passing of ex parte order of ejectment of the petition by the Rent Controller on 23-6-1980. He filed an application for setting aside the ex parte order which failed on 15-9-1980. There upon, he filed an appeal on 16-9-1980 but the same was dismissed on 15-7-1981 on the ground of limitation alone though the appellate Court observed that the petitioner should have also appealed from the refusal to set aside the ex parte order. The petitioner then challenged the order of his ejectment through a writ petition but the same, too, was dismissed by the impugned order, dated 10-4-1984.
2. It is argued, firstly, that the relationship of landlord and tenant did not exist between the parties and as such the Controller, by an erroneous finding on that jurisdictional fact could not assume jurisdiction and, secondly, that the appeal could not be held to be time-barred because certified copy of the Controller's order, dated 23-6-1980, for which an application had been made on 23-6-1980, had not been furnished. Both the contentions, we find, had been raised before the High Court and dealt with at some length before rejecting the same. We are satisfied that no case had been made out for issue of a writ by the High Court. This petition for leave to appeal is accordingly dismissed.
M . Z . M . Petition dismissed.
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