Law:

Section:

West Pakistan Urban Rent Restriction Ordinance (VI of 1959)-------Ss. 2 (c) (i) & 15 (4)---Relationship of landlord and tenant---Second appeal---Two Courts below on basis of evidence on record had given findings against tenant to the effect that he despite having knowledge that house in question was duly transferred in favour of landlord, had denied relationship of landlord and tenant and had failed to pay rent of house to landlord, was liable to be ejected from house in question---Concurrent findings of Courts below which neither were suffering from any illegality or irregularity nor being perverse or result of misreading of evidence, could not be interfered with in second appeal. Muhammad Anwar and others v. Mst. Balqees Begum and others 1984 CLC 1506; 1988 MLD 1974; Muhammad Khalid v. Mansoor Hafiz 1989 MLD 4240; Akbar Ali Khan Mirza v. Additional District Judge and another 1989 MLD 1310 and Muhammad Mahmood v. Fazlur Rehman 1986 MLD 902 ref. JUDGMENT This second appeal is directed to challenge the concurrent findings of the Rent Controller Swat and District Judge Dir Camp Swat, that relationship of landlord and tenant exists between the parties and because the relationship was denied, the tenant appellant herein, was liable to be ejected from the suit shop. 2. Haji Amir Sultan, the landlord/respondent herein, submitted an application under section 13 of the West Pakistan Rent Restriction Ordinance to the Controller Swat for ejectment of the tenant Zarin appellant herein on the ground of default in payment of rent and personal requirement of the house. The application was contested by the appellant herein. On the, preliminary issue framed with respect to the relationship of the parties, the Rent Controller recorded evidence of the parties and then decided the issue irq favour of the landlord on 31-10-1985 and the case was adjourned for deciding the rent dispute. The landlord/respondent went in appeal against the order dated 31-10-1985 of the learned Rent Controller contending that Rent Controller should have passed the ejectment order without further proceedings as the tenant denied the title of the landlord. The learned District Judge Swat who heard the…

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