Case Details

Citation(s)
1993 SLD 751 = 1993 CLC 470
Lahore High Court
Writ Petition No. 9657 of 1992, decided on 30th November, 1992.
Presented By: Before Shaikh Abdul Mannan, J
Ghulam Mahmood Qureshi for Petitioner. Mian Iqbal Hussain Kalanauri for
Respondent No.2.

Ch. MUHAMMAD SIDDIQUE---Petitioner

VERSUS

ADDITIONAL DISTRICT JUDGE, LAHORE---Respondent

Law: West Pakistan Urban Rent Restriction Ordinance 1959.

Section: 17

  West Pakistan Urban Rent Restriction Ordinance (VI of 1959)-.- ----5.13---Constitution of Pakistan (1973), Art.199---Denial of relationship of landlord and tenant---Forfeiture of tenancy and order of ejectment passed by Rent Controller---Remand of case by Appellate Court---Validity---Rent Controller's findings that relationship of landlord and tenant existed between the parties although affirmed by Appellate Court, yet it remanded the case on the ground that agreement to sell, as to property in question was pleaded by tenant---Agreement to sell did not create any right in favour of tenant unless decree was passed on basis thereof, and sale-deed executed---Rent Controller did not commit any legal error in forfeiting tenancy and passing ejectment order---Appellate Court was not justified in remanding the case---Remand order of Appellate Court was set aside and order of Rent Controller restored. 1qbal and 6 others v. Mst. Rabia Bibi and another PLD 1991 SC 242; Madrissa Darul Uloom Al-Baqiat-ul-Salehat (Regd.) v. The Additional District Judge (Appellate Court) PLD 1992 SC 401; Mst. Fatima v. Abdul Razzaq 1988 SCMR 1449; Muhammad Saddique v. Anjumne Taheiri Saddar Jamaat Committee 1987 CLC 352; Fazal Ahmad Khan Saleemi v. Mrs. Anwar Iqbal 1987 CLC 1638 and Muhammad Khalid v. Mansoor Hafiz 1989 MLD 4240 rel. Rahmat Ullah v. Ali Muhammad and another 1983 SCMR 1064 ref. West Pakistan Urban Rent Restriction Ordinance (VI of 1959)--- ----S. 17---Ejectment of tenant---Landlord offering price of superstructure constructed by tenant over the property in question---Such offer had gone un noticed by Courts below---Landlord admitting having made such offer-- Landlord was directed to deposit offered amount within speed time to be paid to tenant and thereafter execution proceedings for ejectment were to be commenced.   Ghulam Mahmood Qureshi for Petitioner. Mian Iqbal Hussain Kalanauri for Respondent No.2. Date of hearing: 10th October, 1992. JUDGMENT Petitioner Muhammad Siddique has filed this writ petition against the order dated 17-10-1991 of the Additional District Judge, Lahore by which he remanded the case of ejectment of the disputed property to the…
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