Law:

Section:

West Pakistan Urban Rent Restriction Ordinance (VI of 1959)-- Ss. 13 & 17 Ejectment proceedings Appreciation of evidence ¬Petition for leave proceeding on argument that eviction application having expressly referred to one out of two shops in possession of peti¬tioner, he could be evicted from specified shop only Petitioner having no rent receipt or any lease agreement in support of his claim of both shops being leased to him separately Eviction sought for reconstruc¬tion of entire demised premises and approved plan for reconstruction filed before Rent Controller covering entire premises for purpose¬ First two paragraphs of eviction application also making clear beyond doubt petitioner's eviction being sought from demises premises in entirety Petition, held, without merit and dismissed. ORDER DORAB PATEL, J. The premises in dispute in this petition for leave relate to a shop in Saddar Bazar in Multan Cantonment. The premises are owned by the respondent and according to learned counsel the demised premises consisted of two shops or rooms bearing Nos. 579 and 579 B, and on 19 12 1974, the respondent had filed an eviction application against the petitioner for his eviction from the demised premises on the ground that he wanted to "reconstruct but according to learned counsel, the petitioner's eviction was sought only for Shop No. 579/B. Be this as it may, the Rent Controller dismissed the respondent's eviction application, therefore, the respondent filed an appeal in the District Court, Multan, which was allowed by the District Judge, Multan, on 18 1 1977. Now, the petitioner challenged this order in a writ petition in the Lahore High Court which was dismissed on 16 3 1977. After the dismissal of this writ petition, the respondent commenced execution proceedings in the Court of a Senior Civil Judge, Multan, against the petitioner, and, he sought the petitioner's eviction from the demised premises and not merely from the room or shop bearing No. 579/B. The petitioner resisted his eviction and filed an application under section 47 of the Civil Procedure Code and his plea in this application was that he could not be evicted from room or shop bearing No. 579…

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