Law:

Section:

(a) Cantonments Rent Restriction Act (XI of 1963)--- ----Ss. 17 & 24---Landlord and tenant, relationship of---Ejectment application filed by landlord was dismissed---Landlord had not put the tenant in possession of property, neither the tenant had paid rent to landlord, nor there was any tenancy agreement, the tenant was in possession of (evacuee) property at the time of issuance of Transfer Order to landlord by the Settlement authorities---Relationship of landlord and tenant did not exist between the parties in circumstances. Syed Aijaz Hussain v. Azimullah 1984 CLC 2908 ref. (b) Cantonments Rent Restriction Act (XI of 1963)--- ----Ss. 17 & 24---Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), S.30---Landlord and tenant, relationship of---Scope---Ejectment application filed by landlord was dismissed---Respondent was in possession of property at the time of issuance of Transfer Order of property in favour of the appellant by the Settlement authorities---Respondent, in circumstances, was not the owner of subject shop which he was occupying without any authority---Occupier would be deemed to be the tenant of owner of property---Mere transfer of property under Transfer Deed by the Settlement authorities in terms of S.30 of the Displaced Persons (Compensation and Rehabilitation) Act, 1958 shall not create/ establish relationship of landlord and tenant unless it was proved that the occupier of property had been the tenant of Custodian of Evacuee Property before issuance of Permanent Transfer Deed by Settlement authorities to the transferee. Mst. Kaniz Fatima and 8 others v. Mst. Zubaida Khatoon 1995 MLD 870 and Fakhruddin Khan Syed and others v. Mst. Surriya Sultana and others 2005 YLR 349 distinguished. Haji Abdul Sattar v. Additional District Judge, Rawalpindi and others 1984 SCMR 925 rel. JUDGMENT FAROOQ ALI CHANNA, J.---The appellant has filed this First Rent Appeal against the order dated 6-6-2008, passed by Additional Controller of Rents, Faisal Cantt. Karachi, dismissing the ejectment application bearing Rent Case No.3 of 2012 (Abdul Khalid v. Ghulam Saghir), observing that the appellant had not put the respondent in…

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