Law:

Section:

West Pakistan Urban Rent Restriction Ordinance (VI of 1959)-------S. 13(6)-Ejectment on ground of default in payment of rent-Lessee resisting ejectment application on ground that what was leased to him by lessor was an open site which in fact belonged to Local Authority and not to lessor and that lessee had raised structure on site at his expense, therefore, lessee was not liable to ejectment at instance of lessor-Lessee further pleading that he had since received notice for said local authority to vacate premises by removing structure-Lessee in spite of order from Rent Controller for deposit of arrears of rent with specific period not depositing same but filing appeal Held, though open site over which lessee had built up structure did not belong to lessor but lessee having admitted to be person in occupation admitted himself as tenant of owner of structure Lessee, therefore, not estopped from pleading absence of relationship of landlord and tenant and liable to ejectment not only on account of default but also for striking off defence in circumstances. S. M. Nasim and Malik Sher Bahadur, Advocate Supreme Court instructed by Sh. Abdul Karim, Advocate-on-Record for Petitioner. Nemo for Respondent. JUDGMENT MUHAMMAD GUL, J.-This petition is by a tenant whose ejectment has been ordered by the Rent Controller for being in arrears of rent and whose appeals before the Additional District Judge and the High Court have failed. The petitioner resisted the application for his ejectment oil the ground that what was leased to him by the respondent in 1960, was an open site which in fact belonged to the Lahore Improvement Trust and not the respon­dent and that he (the petitioner) had raised a structure on the site at his own expense, therefore, he was not liable to ejectment, at the instance of the respondent herein. The petitioner also pleaded that he had since received a notice from the Lahore Improvement Trust to vacate the shop by removing the structure. The learned Rent Controller found that the petitioner had executed a rent note in favour of the respondent on 9-9-1961 agreeing to pay rent at the rate of Rs. 60 p. m. Even in subsequent litigation between the parties,…

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