Law:

Section:

West Pakistan Urban Rent Restriction Ordinance (VI of 1959)-

---- S.13 --- Oanun-e-Shahadat (10 of 1984), Art.115---Forfeiture of tenancy-- Essentials--- Tenant although denying relationship of landlord and tenant, yet admitting liability to make payment of rent with some explanation --- Effect-- Rights of tenancy could be forfeited provided tenant had violated provisions of Art. 115, Qanun-e-Shahadat, 1984, subject to establishing by landlord that tenant had denied his entitlement during continuance of tenancy in property which was authorised to him to occupy as tenant and in consequence thereof, tenant without availing right to defend himself would be liable for dispossession forthwith -- Conduct of tenant in denying relationship, however, would not be malicious act on his part if he was found to have admitted liability to make payment of rent but with some explanation --- Tenant as per material on record had never asserted against entitlement of respondent (landlord) nor he tried to escape from the liability to pay rent --- Finding of Rent Controller on the issue of relationship whereby he had ordered ejectment of tenant being not sustainable, case was remanded to Rent Controller for proceeding on merits in accordance with law.

Abdul Majid Mia v. Moulvi Nabiruddin Pramanik and 3 others PLD 1970 SC 465 rel.