Case Details

Citation(s)
1990 SLD 525 = 1990 CLC 1146
Lahore High Court
Writ Petition No.6475 of 1989, heard on 26th November, 1989.
Presented By: Before Ihsan-ul-Hag Chaudhary J
Hakam Oureshi for Petitioner. Sh. Muhammad Asadullah for
Respondents.

KARIM BAKHSH --- Petitioner

VERSUS

Haji GHULAM DASTGIR and 5 others---Respondents

Law: West Pakistan Urban Rent Restriction Ordinance 1959.

Section: 13

  West Pakistan Urban Rent Restriction Ordinance (VI of 1959)--- ----S. 13---Landlord and tenant---Denial of relationship ---Pendency of civil suit between the parties for determination of ownership of premises ---Effect-- Ejectment proceedings cannot be stayed in view of pendency of civil suit-- Dispute relating to title raised by tenant was without foundation as per record of ejectment application---Tenant's plea for stay of ejectment proceedings was thus not warranted. Province of Punjab v. Abdul Ghani P L D 1985 SC 1; Ghulam Muhammad v. Mst. Rashida Hamid and others 1989 S C M R 1763; Bashir Ahmad v. District Judge, Faisalabad 1988 S C M R 1241; Abdul Razzaq and another v. Shukria Parveen and 11 others 1988 S C M R 1343; Mst. Aurangzeb Bibi v. Akhtar Hussain 1988 S C M R 1350; Muhammad Aslam and another v. Sardar Begum 1989 S C M R 704; Abdul Rehman and 7 others v. Board of Revenue 1989 S C M R 383; Taj Muhammad and others v. Muhammad Iqbal and others 1986 S C M R 276; Manoo Industries Ltd. v. Addl. Secy. and others 1.987 S C M R 1910 and Muhammad Ali v. Mumtaz Hussain Lali P L D 1989 Lah. 187 ref. West Pakistan Urban Rent Restriction Ordinance (VI of 1959)--- ----S. 13---Relationship of landlord and tenant---Proof---Landlord having produced independent and natural witnesses, their statements were sufficient to decide the issue of existence of relationship of landlord and tenant in favour of landlord---Evidence of tenant, on the other hand was too weak, vague, bristled with inherent contradictions and was rightly brushed aside by the Courts below-- Relationship of landlord and tenant was thus rightly held proved by Courts below. West Pakistan Urban Rent Restriction Ordinance (VI of 1959)--- ---S. 13---Relationship of landlord and tenant---Proof---Copies of documents, evincing title pertaining to period before the dispute arose between parties were though not sufficient to establish the relationship of landlord and tenant yet they were a good piece of corroborative evidence and were admissible per se. West Pakistan Urban Rent Restriction Ordinance (VI of 1959)--- ----Preamble & S.13---Purpose, object and import of Ordinance VI of 1959--Ordinance…
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