Case Details

Citation(s)
1979 SLG 532 1979 SLD 532 1979 SCMR 258
Supreme Court of Pakistan
Civil Petition for Special Leave to Appeal No. 272 of 1978, decision dated: 17th May 1978.On appeal from the judgment and order of the Lahore High Court dated 17 4 78 in C. M. No. 1984 C/1978
ANWARUL HAQ, C.J. AND MUHAMMAD AKRAM, J
S. M. Tayyab, Advocate Supreme Court instructed by Kh. Wali Mohammad, Advocate on-Record for Petitioners. Nemo for
Respondents

MUHAMMAD GUL AND ANOTHERS

VS

NAZAR ABBAS AND others

Law:

Section:

West Pakistan Urban Rent Restriction Ordinance (VI of 1959) ---Ss. 13(6) & 15(4) Ejectment proceedings Deposit of arrears of rent Petitioner denying existence of relationship of landlord and tenant between parties and have propriety of High Court's order requiring him to deposit arrears of rent Person claimed to be real owner of house appearing before Rent Controller, disclaiming all rights in house and further supporting respondents' claim to be owners and landlords of premises in, dispute Decree of civil Court also declaring ownership of house vesting in respondents Petitioner, held, avoiding to pay rent on one pretext or other Petition dismissed. ORDER ANWARUL HAQ, C. J. The two petitioners are aggrieved by an order made by a learned Judge of the Lahore High Court on the 17th of April 1978, by which he has directed that, during the pendency of the second appeal filed by the respondent, the petitioners should deposit in Court arrears of rent amounting to Rs. 6,900 from June 1974 to March 1978, within one month, and also deposit the current monthly rent and future ref at the rate of Rs. 150 per mensem before the 15th of each succeeding month. On the 19th of May 1975, the respondents had filed an application for the ejectment of the petitioners from a house situate in Multan city on the ground of default in the payment of rent from the 1st of June 1974, damage to the property, and for personal bona fide use. The petitioners contested this application on the ground that the relationship of landlord and tenant did not exist. between the parties. They asserted that the house belonged to one Riaz Hussain and his brother and not to the respondents Nazar Abbas etc. This issue was decided against the petitioners by the learned Rent Controller by his order dated the 1st of July 1976. Among other evidence, the respondents had also produced the aforesaid Riaz Hussain who disclaimed the ownership of the house and affirmed the position of the respondents as the landlords vis a vis the petitioners. However, the petitioners' appeal was accepted by the learned Additional District Judge, Multan, by his order dated the 13th of November 1977. He held that the relationship ofโ€ฆ
๐Ÿ”’
Continue readingLogin or create an account to access the complete content.Login / Register

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492