Law:

Section:

West Pakistan Urban Rent Restriction Ordinance (VI of 1959)-- ----S. 13---Constitution of Pakistan, Art. 199--- Constitutional petition---Ejectment of tenant---Default in payment of rent---Denial of relationship of landlord and tenant by the tenant---Scope--­Landlady was bound to prove her ownership in order to prove the relationship of landlord and tenant as same had been denied by the tenant---Witnesses produced by the landlady had proved the factum of her ownership qua the demised premises---Nothing was on record to establish that tenant was in possession of disputed house in his own rights---Person who was not owner of property might be a "landlord" if he received rent---Person who had denied the possession as a tenant and claimed himself to be owner of the property was bound to prove that he was not holding such possession as a tenant---Landlady had not only proved her ownership by producing sale deed but also by production of marginal witnesses and scribe of the same and their credibility could not be shaken---Tenant neither produced any documentary evidence nor any witness to corroborate his statement---Suit for declaration filed by the tenant was dismissed and appeal against the same was also dismissed---Mere pendency of revision petition was not helpful for the tenant in rent proceedings--- Tenant might agitate his right in accordance with law if any subsequent decree was passed by the competent court of law in his favour---Tenant had contumaciously denied the relationship of landlord and tenant and Appellate Court had rightly set aside the order passed by the Rent Controller---No misreading or non-reading of evidence or jurisdictional defect was pointed out in the impugned passed by the Appellate Court--- Constitutional petition was dismissed in circumstances. Mst. Soniya Sharif v. Bashir Kundi through Legal Heirs and others 2013 MLD 1786 ref. PLD 1974 SC 139 distinguished. JUDGMENT ATIR MAHMOOD, J.---Through this constitutional petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, the predecessor of the present petitioner Ahmad Yar (since died) herein-after referred as petitioner challenged the impugned judgment and…

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