Case Details

Citation(s)
2011 SLG 827 2011 SLD 827 2011 CLC 1923
Lahore High Court
S.A.O. No.164 of 2004, decision dated: 29-06-2011
SYED KAZIM RAZA SHAMSI, J

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KHALIDA PERVAIZ

VS

CITY EDUCATION BOARD through Chairman City Public School Katchary Road, Sialkot and 7 others

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

Section: 13A

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

Section: 13A

West Pakistan Urban Rent Restriction Ordinance (VI of 1959)-------Ss. 13 & 15(6)---Appeal---Ejectment of tenant---Relationship of landlord and tenant---Determination---Ownership of premises was decided by Supreme Court in favour of respondents, therefore, ejectment application and appeal filed by appellants against occupant of the premises were concurrently dismissed by Rent Controller and Lower Appellate Court---Plea raised by appellants was that possession of the premises was not handed over to the respondents, therefore, till that time the occupant would be treated as his tenant---Validity---Respondents were holding title under the orders of Supreme Court and by acting upon those orders of Supreme Court, Settlement Authorities issued Permanent Transfer Order in their favour---Respondents were not only owners of property in dispute but were also landlords for such purpose while the occupant was holding possession of demised premises on behalf of respondents who were in symbolic possession of disputed property---Concurrent findings of both the Courts below were based upon sound appreciation of evidence on the record and no interference was required by High Court in the same---Petition was dismissed in circumstances. Muhammad Ismail Qureshi through his legal heirs v. Gulab Din and others 1988 SCMR 1001 rel. Ms. Aaliya Neelum for Appellant. Mian Zahad-ur-Rehman and Mian Rafi-ud-Din for Respondents. Date of hearing: 14th June, 2011. JUDGMENT SYED KAZIM RAZA SHAMSI, J.--- This second rent appeal is directed against an order dated 8-1-2004 passed by Mr. Tariq Mehmood Malik, learned Addl. District Judge, Sialkot, whereby he maintained the order dated 8-3-1994 passed by Mr. Khalid Mehmood Ranjha, learned Rent Controller, Sialkot, whereby he proceeded to dismiss the ejectment petition filed by Khalida Ismail and others. 2. Dr. Khalida Ismail and others filed an application under section 13 of the Punjab Urban Rent Restriction Ordinance, 1959 against the City Education Board on the ground of wilful default in the payment of rent. During the pendency of the ejectment petition respondents Nos.2 to 5, legal heirs of Muhammad Ismail Qureshi, were impleaded in the…
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