Law:

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Constitution of Pakistan (1973)-----Art. 185(3)--Nest Pakistan Urban Rent Restriction Ordinance (VI of 1959), S.13--Ejectment--Landlord and tenant--Relationship of--Documents produced in evidence that appellant himself admitted respondent as his landlord in respect of demised premises--Held, appellant cannot be permitted to deny respondent's title to property. Kalimullah v. Amin Hazin and others 1976 SCMR 77 ref. Rana Muhammad Sarwar, Advocate Supreme Court for Appellant. Sh.Masud Akhtar, Advocate-on-Record for Respondents. Date of hearing: 24th March, 1984. JUDGMENT ABDUL KADIR SHAIKH, J.-- This is an appeal from the judgment of Lahore High Court dismissing a constitutional petition filed by the appellant by which he sought to challenge the order of eviction passed against him by the Rent Controller which was upheld on appeal by the Additional District Judge, Lahore. The proceedings were initiated on an ejectment application filed by the first respondent against appellant on the ground that he was defaulter in payment of rent. In defence, appellant, inter alia, pleaded that the demised premises belonged to the Custodian of Enemy Evacuee Property and there was no relationship of landlord and tenant between the parties, and in fact the Rent Controller did not even have jurisdiction to deal with the case. After recording evidence of the parties the Rent Controller held that since in the earlier suit filed by appellant against the respondent he had himself admitted that the respondent was the landlord of the demised premises and this position was also proved in evidence from other documents, it did not lie in the mouth of the appellant to plead that the respondent was not his landlord in respect of the demised premises. Appellant's…

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