Case Details

Citation(s)
1979 SLG 683 1979 SLD 683 1979 PLD 887
Supreme Court of Pakistan
Civil Petition for Special Leave to Appeal No. 80 of 1976, decision dated: 17-06-1979.
ASLAM RIAZ HUSSAIN, KARAM ELAHEE CHAUHAN AND NASIM HASAN SHAH, JJ
Ch. Aziz Ahmad; Advocate and Ghulam Mujtaba, Advocate-on-Record. Nazar Khan, Advocate-on-Record.

HAKAM DIN

VS

MUHAMMAD IRSHAD

Law:

Section:

(a) Registration Act (XVI of 1908)-S. 17-Registration-So-called partnership deed not by itself purporting to transfer shop in dispute to respondent (landlord) but only reciting result of some arrangement leading to take over of shop by its outgoing partner (respondent landlord) by acknowledging his previous title-Deed, in circumstances, held, did not require to be registered compulsorily. (b) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)- -- Ss. 13 & 13-A-Eviction-Change of ownership-Notice--Firm owning shop itself admitting shop in question belonging to and taken over by respondent (landlord) while going out of partnership--Question being between, firm and respondent and firm having acknowledged and accepted previous title of respondent and having severed all connection and concern with such shop, petitioner (tenant), held, could not quibble with inter se relations of others, his concern being to know previous landlord (firm) having acknowledged previous title of respondent, given up its connection with shop and allowed previous owner (respondent landlord) to take over same-Respondent having informed tenant (petitioner) about his title and issued him notices in such regard, petitioner, held further, could not go behind title of previous owners so as to find out as to which of two was real owner and how-Case, held still further not of two persons claiming rent from tenant, each claiming to be exclusive owner of shop, hence, not a case of creating any new right or title but simply one of acknowledgement of previous title of one-Order of eviction of tenant upheld. ORDER KARAM ELAHEB CHAUHAN, J.--The dispute in this case is about a shop bearing No. 143, situated in Shah Alamgir Market, Lahore. Muhammad Irshad (hereinafter called the landlord) filed an application under section 13 of the West Pakistan Urban Rent Restriction Ordinance (VI of 1959) (hereinafter called the Ordinance) for the eviction of Hakam Din, tenant ­petitioner, on the ground that he reasonably and in good faith required it for his own use and also because the tenant had not paid or tendered the rent for the last two months and had damaged the property and was keeping sub-tenant…
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