Law: Constitution of Pakistan, 1973

Section: 185(3)

West Pakistan Urban Rent Restriction Ordinance (VI of 1959)--S.13--Constitution of Pakistan (1973), Art.185(3) --Ejectment--Tenant purchasing share of one of co-sharers of demised shop and thus claiming to be 'co-sharer--Such tenant's plea that having become co-sharer in shop, ejectment proceedings against him were incompetent, repelled up to High Court--Tenant admitted to have entered the shop as a tenant under landlord at a specified monthly rent and also admitted execution of rent deed--Such clear and categorical admission by tenant, notwithstanding purchase by him of a certain share of disputed property, would not entitle him to challenge status of landlord qua suit property nor existence of relationship of landlord and tenant between parties--Sale transaction of certain share in suit property having taken place during pendency of ejectment proceedings, Rent Controller who was exercising limited jurisdiction under Rent Restriction Ordinance, could not adjudicate upon ownership rights of parties--Tenant, however, would be at liberty to seek remedy in civil, Court--Petition being devoid of merit, was dismissed. Kh. Muhammad Farooq, Advocate Supreme Court and S.Inayat Hussain Shah, Advocate-on-Record (absent) for Petitioner. Nemo for Respondents. Date of hearing: 4th February, 1989. ORDER ALI HUSSAIN QAZILBASH, J.--This is a petition for leave to appeal from the judgment of a learned Single Judge of the Lahore High Court, dated 5-10-1988. 2. ' The facts relevant are that Mst.Sardar Bibi respondent sought the ejectment of the petitioner from the suit shop on 7-11-1982. The grounds for the ejectment taken were default in the payment of rent since November, 1979 and personal requirement for doing business through her daughter's son. The petition was resisted and both the grounds were refuted. The pleadings resulted m the framing of issues with regard to default in the payment of rent since November, 1979, the personal requirement of the respondent of the suit shop in good faith and also that the petitioner was a wilful defaulter. 3. The Rent Controller recorded the statement of the respondent in support of the ejectment petition and the evidence of the petitioner…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492