Law:

Section:

West Pakistan Urban Rent Restriction Ordinance (VI of 1959)--Ss. 13 & 13-A---Constitution of Pakistan (1973), Art. 185(3)---Denial of relationship of landlord and tenant between parties---Respondent's application for ejectment of appellant was dismissed by Rent Controller on the ground that relationship of landlord and tenant did not exist between parties---Appellate Court, however, set aside such finding and ordered ejectment of appellant finding him to be the tenant and respondent as landlord of premises---High Court maintained of Appellate Court---Validity---Leave to appeal was granted to consider whether Appellate Court was justified in reversing finding of Rent Controller on question of relationship of landlord and. tenant between parties keeping in view material brought on record. Ch. Muhammad Abdus Saleem, Senior Advocate Supreme Court and Ch. Talib Hussain, Advocate-on-Record for Petitioner. Nemo for Respondent. Date of hearing: 12th January, 1997. ORDER AJMAL MIAN, J.---This is a petition for leave to appeal against the order dated 13-6-1996 passed by a learned Single Judge of the Lahore High Court in S.A.O. No. 120 of 1996, filed by the petitioner against the appellate judgment dated 22-5-1996 of the learned Additional District Judge, Samundari, District Faisalabad, reversing the order of the Rent Controller, Samundari, dated 11-4-1992, whereby he held that there was no relationship of landlord and tenant between the respondent and the petitioner, dismissing the same by maintaining the appellate judgment. 2. The brief facts are that the respondent, who is in possession of a shop, bearing Khewat No.387, Khatoni ' No.416, situated in Chowk Bazar, Tandalianwala, whereas the petitioner is in possession of the upper portion i.e., Chobara of the said shop. Both were tenants of the previous landlord. It seems that the respondent purchased the ownership of the shop from Khushi Muhammad, Wali Muhammad and Mst. Saleem Bibi in 1988. After that he sent a notice to the petitioner calling upon him to pay rent. However, the receipt of the notice is denied by the petitioner in his written statement as well as in his deposition. Be that as it may, an ejectment…

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