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

Section: 10,13,15

West Pakistan Urban Rent Restriction Ordinance (VI of 1959)--- ----Ss.10, 13 & 15---Second appeal against order---Rent Controller allowed the application of the landlord on the grounds of default in payment of rent and personal bona fide need of landlord---First appeal filed by the tenant was allowed by the appellate court---Concurrent findings---Invocation of S. 10 of the West Pakistan Urban Rent Restriction Ordinance, 1959---Easement right of way was granted by the First Appellate Court irrespective of the fact that there existed no more the relationship of landlord and tenant between the parties and that the tenant was in the tenancy of other landlord---Non-framing of issue in such regard by both the courts below---Effect---Provisions of S.10 of the Ordinance were applicable where the relationship of landlord and tenant existed---After the ejectment order passed by the Rent Controller, which was upheld by the lower Appellate Court, respondents were no more tenants under the landlord rather they were, at present, tenants in the premises falling under the share of another landlord---When the tenants were not in the tenancy of the landlord, S.10 could not be applied in case of the landlord to provide passage to the tenants, which was being used by them previously---Easement right of passage in absence of relationship of landlord and tenant was held to be unjustified---Appeal of the landlords was allowed. THIS JUDGMENT PASSED BY: ATIR MAHMOOD, JUSTICE:---.--- The appellants Muhammad Naeem etc. filed a petition against respondent No.1 Khawaja Muhammad Akbar for his ejectment from property No.B-1-24-415, situated at ground floor of Saeed Manzil Kashmir Road, Wazirabad Road Kotli Behram, Sialkot City on the grounds of default in payment of enhanced rent and personal need. The ejectment petition was contested by respondent No.1-defendant by filing written statement wherein he denied any default in payment of rent. Out of divergent pleadings of the parties, learned Rent Controller, Sialkot settled four issues including that of relief, recorded evidence led by the parties and after hearing both sides accepted the ejectment petition directing the defendant to…

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