Law:

Section:

West Pakistan Urban Rent Restriction Ordinance (VI of 1959)--S.13---Constitution of Pakistan (1973), Art.185(3)---Denial of relationship of landlord and tenant ---Ejectment of petitioner (tenant) was ordered by Courts below---Leave to appeal was granted to consider whether evidence had been misread as regards ownership of property in question. JUDGMENT SALEEM AKHTAR, J: --The petitioner seeks leave to challenge the judgment passed by the learned Judge in Chamber dismissing the writ petition filed by respondents Nos.1 and 2 and confirming the order of his ejectment passed by the Controller and the learned District Judge. The respondents Nos. 1 and 2 filed an ejectment application against the petitioner under section 13 of the Punjab Rent Restriction Ordinance, 1959 alleging that he is a tenant of Shop No.P-49, Block No.1, Al-Faisal Bazar, Gojra and is liable to be ejected on the ground of default in payment of rent. It was pleaded that these respondents had purchased the said shop and having partitioned it into portions, one was kept by respondent No.1 while the other shop was rented out to the father of the petitioner. After the death of his father, the petitioner continued as a tenant and paid the rent. However, for the last about one and half year he was not paying the rent. It was further alleged that he was transferring the property on `Pagri' to another person and causing damage to the shop. It was claimed that rent from 1st May, 1981 till the filing of the ejectment application on 7-11-1982 came to Rs.2,700 which is due and payable. The petitioner denied the relationship of landlord and tenant and pleaded that the shop in his possession had been transferred to his father by the Settlement Department and he was in possession thereon as owner of the same and not as a tenant of respondents Nos.1 and 2. From the record it seems that a suit had been filed by respondents Nos.1 and 2 against the petitioner for title of the property which has not yet been disposed of. The Rent Controller by order dated 7th January, 1985 held that relationship of landlord and tenant existed between the parties and ordered for the eviction of the petitioner from the shop. The…

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