Case Details

Citation(s)
2010 SLG 1320 2010 SLD 1320 2010 MLD 1760
Lahore High Court
S.A.O. No. 73 of 2008, decision & hearing Dated: 21-04-2010.
MUHAMMAD KHALID MEHMOOD KHAN, JUSTICE
Petitioner(s) by: Malik Arshad Awan
Respondent(s) by: Muhammad Kazim Khan

MUSAWWAR IQBAL

VS

ZAMAN ALVI

Law: West Pakistan Urban Rent Restriction Ordinance (VI of 1959)

Section: 13,15

West Pakistan Urban Rent Restriction Ordinance (VI of 1959)--- ----Ss. 13 & 15---Ejectment proceedings---Production of certain documents in the shape of additional evidence---Respondents had filed an application for placing on record certain documents in the shape of additional evidence in appeal---Both the parties had agreed that impugned s could be set aside and the Rent Controller be ordered to decide application of respondents for additional evidence; and then decide the ejectment petition afresh within a shortest period---Request of both the parties being reasonable, with the consent of both the parties, impugned orders were set aside---Ejectment petition was remanded to Rent Controller with the direction that respondent would file an application for additional evidence. THIS JUDGMENT DELIVERED BY: MUHAMMAD KHALID MEHMOOD KHAN, J.- -- This second appeal has been preferred against the orders of appellate Court, dated 7-7-2008 and order, dated 30-4-2008 passed by the Rent Controller Gujranwala. 2. Both the parties argued the case at length. The respondents have filed an application under Order XIII, Rules 1 and 4 for placing on record certain documents in the shape of additional evidence in present appeal. The dispute between the parties is that property subject-matter of the ejectment petition is not partitioned and as such the tenant is claiming that he is in occupation of the property as owner of the same on the basis of sale deed of half portion of the shop. The sale-deed of half portion of the shop is admitted by the landlord. The tenant is…
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