Law:

Section:

West Pakistan Urban Rent Restriction Ordinance (VI of 1959)--- ----S. 13-A---Absence of notice---Plea with regard to absence of notice under S.13-A raised by tenant---In earlier proceedings relating to same premises between the same parties, tenant had failed to raise such objection---Tenant in fresh proceedings was precluded from taking such plea---Relationship of landlord and tenant once admitted could not be later denied by tenant---Such objection was of no consequence in circumstances. Khawaja Ghulam Mustafa v. Mian Waqar Ahmad P L D 1980 SC 9 and Aziz Begum v. Fayyaz Ahmad Butt 1991 C L C Note 9 at P.6 rel. JUDGMENT This Second Appeal in a rent case calls in question the order dated the 11th of June, 1991, of the learned Addl. District Judge, Gujrat, whereby he dismissed the appellant-tenant's first appeal affirming his eviction from the disputed shop as ordered by the Rent Controller. 2. The application was initially brought by the respondents' predecessor Muhammad Hussain deceased on the grounds firstly for his personal requirement; secondly for reconstruction of the shop; and thirdly for default on the part of the appellant-tenant in paying rent for the period January-March, 1987. 3. The appellant contested the application raising a number-of pleas which called for framing no less than seventeen issues. He pointed out that a similar application was brought against him earlier on the 22nd of April, 1979, by Muhammad Hussain deceased's real brother Abdul Karim but the same failed on acceptance of his objection by the Rent Controller that the .shop being jointly owned by both the brothers, Abdul Karim alone could not maintain it. He added that now when it was instead being claimed exclusively by the deceased Muhammad Hussain, he failed to give him a notice under section 13-A of the Punjab Urban Rent Restriction Ordinance, 1959, making the application as on his behalf quite untenable. He denied existence of all the grounds taken up in the petition for ejectment and claimed compensation to the tune of Rs.60,000 for improvements effected by him in the shop at his own expense. 4. Before framing issues the learned Rent Controller directed the appellant to…

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