Law:

Section:

(a) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)--- Ss. 2(c)(ii) & 13---Constitution of Pakistan (1973), Art. 199---Relationship of landlord and tenant---Tenant had contended that agreement of sale of house. in dispute arrived at between predecessor of landlords and wife of tenant was produced by, tenant before Court below, but has not been taken into consideration by the said Court---Tenant did not deny that alleged agreement did not form part of evidence recorded by Rent Controller---No such plea on basis of alleged agreement was raised, but it was pleaded by tenant that predecessor of landlords was not owner of the house---Tenant could not be permitted to raise such a plea at later stage in Constitutional petition. Mst. Shamim Akhtar v. Muhammad Rashid PLD 1989 SC 575 ref. (b) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)--- ----S. 13---Ejectment application---Maintainability of---Tenant had contended that prior to filing of present ejectment application landlord had 'instituted three ejectment petitions against tenant, thus fourth ejectment petition was not competent---Tenant neither had filed copies of such three petitions which allegedly were filed by landlord nor orders passed on those applications--­Tenant had not denied that none of those petitions were decided on merits--­Contention of tenant that ejectment application was not competent, was repelled. ORDER This petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 calls in question the judgment of the Additional District Judge, Lahore dated 1-7-1989, dismissing the appeal filed by the petitioner and affirming the order of the Rent Controller dated 15-1-1989 whereby the petitioner was ordered to be ejected from the house in dispute bearing No. D/3194, Kucha Akalian, Mohallah Chowk Matti, Inside Lohari Gate, Lahore. 2. The ejectment petition was instituted by respondents. Nos. 1 to 5 on 14-2-1984 seeking eviction of the petitioner from the house in dispute on the ground of default in the payment of rent. In his written reply, the petitioner denied the relationship of landlord and tenant between the parties. The Rent Controller after…

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