Case Details

Citation(s)
1989 SLG 2030 1989 SLD 2030 1989 SCMR 2022
Supreme Court of Pakistan
Civil Petition No. 667 of 1988, decision dated: 31st August, 1988.(Against the judgment and order of the Lahore High Court, Lahore, dated 4-7-1988 in W.P.No. 3078 of 1988)
MUHAMMAD AFZAL ZULLAH AND SAAD SAOOD, JAN, JJ
S. M. Masud, Advocate Supreme Court and Sh. Masood Akhtar, Advocate-on-Record for Petitioner. Talat Farooq, Advocate Supreme Court and Ch. Mehdi Khan Mehtab, Advocate-on-Record for
Respondent No. 1.

TARIQ BUTT

VS

JAVAID PAUL and others

Law:

Section:

West Pakistan Urban Rent Restriction Ordinance (VI of 1959)----S.13--Constitution of Pakistan (1973), Art. 185 (3)--Landlord and tenant-­Tenant's plea of absence of the relationship of landlord and tenant was rejected throughout--Tenant himself having executed a rent note in favour of landlord could not subsequently deny relationship of landlord and tenant--Tenant's plea that rent note was executed on 11-7-1985 while reg1stered sale-deed in landlord's favour was executed on 14-7-1985, would not make any difference because sale­ deed was prepared and executed on 10-7-1985 but was reg1stered four days later-­Rent note by tenant in favour of landlord was thus neither improper nor illegal-­Tenant, after executing rent note in landlord's favour, could not successfully deny relationship of landlord and tenant between himself and the acknowledged landlord--Tenant's further plea that landlord having himself asserted that tenant had sent the rent after execution of reg1stered sale-deed, his eviction application should have been dismissed in exercise of discretion, would be of no avail to him because when questioned by Court whether tenant was now willing to admit that he had sent the rent to landlord which he had earlier denied, tenant reiterated his denial--Tenant's conduct in that behalf thus was not at all bona fide--Tenant, therefore, was not entitled to any discretionary relief--Leave refused. Province of Punjab v. Abdul Ghani P L D 1985 S C 1 ref. ORDER MUHAMMAD AFZAL ZULLAH, J.--This is a tenant's petition for leave to appeal, against the dismissal by the High Court of his writ petition, against the orders of eviction passed under the Rent Restriction Law. The petitioner's plea that there was no relationship of landlord and tenant between the parties has been rejected throughout. Learned counsel has contended that the respondent landlord who claimed this status on the ground that he had become the owner of the property as a result of purchase thereof, had failed to establish his claim and that the question of ownership is still under litigation. After hearing him at some length, we do not agree. The learned counsel himself admitted that the petitioner had…
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