| Citation(s) |
|---|
| 1992 SLD 866 = 1992 CLC 2457 |
Lahore High Court
Writ Petition No. 8098 of 1992, decided on 1st September, 1992.
Presented By: Before Ch. Mushtaq Ahmad Khan, J
Mirza Hafeez-ur-Rehman for Petitioners.
Writ Petition No. 8098 of 1992, decided on 1st September, 1992.
Presented By: Before Ch. Mushtaq Ahmad Khan, J
Mirza Hafeez-ur-Rehman for Petitioners.
MERAJ DIN anothers---Petitioners
VERSUS
Kh. MAHBOOB ELAHI and 4 others---Respondents
Law: West Pakistan Urban Rent Restriction Ordinance 1959.
Section: 13
West Pakistan Urban Rent Restriction Ordinance (VI of 1959)--- ----S. 13---Ejectment of tenant---Validity---No misreading or non-reading of evidence was pointed out on basis of which impugned order was passed---Plea that witnesses produced by landlords were interested witnesses being employees of landlord could not be a ground to reject their evidence who otherwsie were natural witnesses---High Court granted tenants one month's time for vacating premises in their possession on condition that they would hand over vacant possession to landlords without obliging them to file execution petition failing which tenants would be liable to suffer legal consequences for their failure to stand by their commitment. West Pakistan Urban Rent Restriction Ordinance (VI of 1959)--- ----S. 13---Qanun-e-Shahadat (10 of 1984), Art. 61---Execution of document---Proof/disproof---Landlords producing witnesses to prove ,execution of rent note purported to have been executed by tenants---Tenants denying execution of rent note but producing no evidence in support of their denial---Whatever evidence legally required to prove execution of rent note having been produced by landlords it was for tenants to produce Handwriting Expert, which would have been best evidence for them, in proof of their denial---Failure of tenants td produce Expert as an evidence of rebuttal would raise inference to the effect that tenants' plea was false. Said Wali v. Yaqoot Khan and another PLD 1983 SC 440 and State v. Habibur Rehman and others PLD 1983 SC 286 rel. West Pakistan Urban Rent Restriction Ordinance (VI of 1959)--- ----Landlord and tenant---Tenant to whom any property was rented out would have. no locus standi to challenge the tenancy merely on the ground that there was some evidence. to the effect that the person who inducted him as tenant was not the real owner. West Pakistan Urban Rent Restriction Ordinance (VI of 1959)--- ----S. 13---Denial of relationship of landlord and tenant---Effect---Tenant who had taken plea of lack of relationship of landlord and tenant mala fide, was liable to be ejected straightaway. West Pakistan Urban Rent Restriction…