Law: West Pakistan Urban Rent Restriction Ordinance (VI of 1959)

Section: 13

West Pakistan Urban Rent Restriction Ordinance (VI of 1959)--S. 13---Denial of relationship of landlord add tenant---Tenant, in denial of such relationship, producing rent receipt for the payment of ground rent to Corporation in respect of land on which shop in question, was constructed--­Tenant having obtained rent receipt during the pendency of ejectment proceedings Courts had rightly discarded such piece of evidence---Concurrent findings of Courts below including the High Court, on question of relationship (in the affirmative) seemed to be in consonance with the evidence on record--­No exception thus could be taken to such finding by Supreme Court---Court with the consent of parties allowed six months time to tenant to vacate the premises on the conditions that tenant would hand over vacant possession of premises to landlord upon expiry of six months without waiting for the issuance of a notice or writ of ejectment by Rent Controller, breach of such undertaking would amount to breach of the order of the Court; tenant would pay rent for the period in question, including the arrears of rent and landlord would not press his suit for, arrears pending in Civil Court, upon receipt of amount of arrears. ORDER AJMAL MIAN, J.---This is a petition for leave to appeal against the order dated 10-2-1993 passed .by a learned Single Judge of the Lahore High Court in SA.O. No. 88 of 1992, filed by the petitioner against the concurrent judgments of the two Courts i.e. the learned Rent Controller, Lahore's order dated 18-3-1991 and learned Additional District Judge, Lahore's judgment dated 20-6-1992, affirming the above order of the Rent Controller for grant of ejectment in respect of the suit shop, dismissing the same in limine. 2. The brief facts are that the respondent filed a rent case under section 13 of the Punjab Rent Restriction Ordinance, 1959, hereinafter referred to as the Ordinance, on the basis of averment that the suit shop was' rented out to one Haji Aslam, the brother of the present petitioner, at a monthly rent of Rs.130 under a rent note executed by him on 23-8-1971. After his death, the respondent occupied the above shop as a tenant at monthly rent of…

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