Law:

Section:

West Pakistan Urban Rent Rest-riction Ordinance (VI of 1959)--- ----S.13---Ejectment of tenant on ground of default in payment of rent---Denial of relationship of landlord and tenant---Rent Controller accepted the ejectment petition which was affirmed by the first Appellate Court---Validity---Documents proved that appellant was a tenant of the respondent and he had admitted such fact in a suit filed by him against the respondent---Appellant, therefore, was estopped to deny title of landlord in view of his own admission---Courts below had duly appreciated evidence led by both the parties and concluded that appellant was tenant under respondent and had defaulted in payment of rent---No exception could be taken against such finding of the courts below which did not suffer from misreading or non-reading of evidence---High Court dismissed second appeal, in circumstances. JUDGMENT SYED MUHAMMAD KAZIM RAZA SHAMSI, J.---This second rent appeal is directed against the judgment dated 28-6-2007 passed by Mr. Muhammad Ahmad Farooqi, learned Additional District Judge, Khushab whereby he maintained the order dated 29-5-2007 passed by Ch. Mehboob Ahmad Khan, learned Rent Controller, Khushab whereby the ejectment petition was accepted. 2. Facts of the case briefly stated are that Muhammad Javed claimed to be a auction purchaser of the property in dispute from the Tehsil Municipal Administration, Jauharabad filed ejectment petition against Muhammad Riaz on the ground that later paid the monthly rent up till January, 2003 whereafter he defaulted in the payment of rent. The petition was contested by the respondent denying the relationship of landlord and tenant on the ground that he was in possession of the disputed premises in his own rights. The learned Rent Controller framed issue of existence of relationship of landlord and tenant, proceeded to record evidence of the parties whereafter he concluded that relationship between the parties of landlord and tenant exist,…

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