| Citation(s) |
|---|
| 1988 SLG 2630 1988 SLD 2630 1988 SCMR 1433 |
Supreme Court of Pakistan
Civil Appeal No. 159 of 1978, decided on 30th April, 1988. (On appeal from the judgment Dated 21-5-1978 of the Lahore High Court, Lahore in S.A.O. 145 of 1978). Date of hearing: 30th April, 1988.
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Civil Appeal No. 159 of 1978, decided on 30th April, 1988. (On appeal from the judgment Dated 21-5-1978 of the Lahore High Court, Lahore in S.A.O. 145 of 1978). Date of hearing: 30th April, 1988.
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ABDUL REHMAN---Appellant
VS
Mst. PARVEEN AKHTAR--Respondent
Law:
Section:
West Pakistan Urban Rent Restriction Ordinance (VI of 1959)-- ---S.13--Ejectment--Default in payment of rent--Tenant denying his signatures on registered sale-deed, written statement and Vakalatnama--Effect of--Tenant selling shop for consideration to landlady (his own daughter-in-law) by a registered sale-deed-Subsequently their relations becoming strained, landlady seeking ejectment of tenant on ground of default in payment of rent--Tenant denying relationship of landlord and tenant as also his signatures on registered sale-deed, written statement and Vakalatnama--Rent Controller, relying on evidence of landladys father and brother, supported by registered sale-deed and record of Excise and Taxation Department, found landlady the owner of. shop in dispute and tenant, being defaulter in payment of rent despite service of notice on him, was ordered to be ejected--District Judge differed with view taken by Rent Controller, holding inter alia that tenant could not have possibly got the shop on rent from his own daughter-in-law--High Court in second appeal took view that denial of tenant to have signed written statement, Vakalatnama or for that matter the sale-deed, would be sufficient to denounce him as a liar and the view taken by District Judge was erroneous--Impugned order of High Court not suffering from any illegality or impropriety, was not open to interference by Supreme Court---Appeal dismissed with costs. JUDGMENT NASIM HASAN SHAH, J.--This appeal, by leave of this Court, is directed against the judgment of the Lahore High Court, dated 21-5-1978 and arises in the following circumstances:- Mst. Parveen Akhtar, the respondent in this case, was married to Abdul Khaliq (the son of the appellant) on 11-10-1970. The case of the respondent is that a fortnight before her marriage with Abdul Khaliq, i.e. on 26-10-1970, she purchased the shop in dispute from the appellant for Rs.2,000 vide registered sale-deed executed on 24-9-1970. Mst. Parveen Akhtar and Abdul Khaliq lived together as husband and wife in a portion of the same building, in which the shop in dispute is situated, until 3-1-1974 but on that date Mst. Parveen left the house of the husband and…
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