Law:

Section:

West Pakistan Urban Rent Restriction Ordinance (VI of 1959)---S. 13-Landlord and tenant, relationship of-Respondent-land lord's statement acknowledging petitioner to be his tenant-Held, sufficient to establish tenancy in absence of any evidence to contrary. JUDGMENT MUHAMMAD AKRAM, J.-The ejectment petition filed by Abdur Rasheed respondent against Abdul Hameed petitioner was dismissed by the Rent Controller. But the order was reversed on appeal accepted by the District Judge and affirmed in second appeal dismissed by learned Judge of the Lahore High Court at Lahore on the 23rd of January 1979. This is a petition for special leave from the order. Briefly, the relevant facts are that the respondent's application for the ejectment of the petitioner was resisted by him and he, inter alia, denied the relationship of landlord and tenant between the parties. From the evidence the learned Rent Controller, Lyallpur held that the respondent herein was proved to be the owner of the disputed premises but that he failed to establish that the petitioner was a tenant under him. His evidence on the point was not satisfactory and consequently his ejectment petition was dismissed. But on appeal the learned District Judge was of the opinion that the statement of the present petitioner on the point did not in spire confidence. He did not adduce any evidence to show that he had raised the construction on the plot as alleged by him, On the other band, the statement of the respondent sufficiently proved that the petitioner was a tenant under him. He therefore found in favour of the respondent in ordering the ejectment of the petitioner. The finding was upheld in the second appeal and the learned Judge of the High Court in Chambers…

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