Case Details

Citation(s)
1998 SLG 702 1998 SLD 702 1998 SCMR 1291
Supreme Court of Pakistan
Civil Petitions Nos.484 and 485 of 1995, decision dated: 28-11-1995
MANZOOR HUSSAIN SIAL AND MIR HAZAR KHAN KHOSO, JJ

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SHER MUHAMMAD-

VS

Mst. KHURSHID JEHAN BEGUM and others

Law:

Section:

West Pakistan Urban Rent Restriction Ordinance (VI of 1959)--S. 13---Constitution of Pakistan (1973), Art. 185(3)---Ejectment of tenant--­Denial of relationship of landlord and tenant---Forums below including High also found landlady to be entitled to arrears of rent---Validity---Courts below had examined evidence produced by patties fairly---High Court while going through record of case did not f-and any fault with findings recorded by forum below---No case of misreading was pointed out by petitioner---Once relationship of landlord and tenant between parties was established, landlord (landlady) was entitled to recover arrears of rent---Leave to appeal was refused in circumstances. Altaf Elahi Sheikh, Advocate Supreme Court with Ejaz- Muhammad Khan, Advocate-on-Record for Petitioner. Imtiaz Muhammad Khan, Advocate-on-Record for Respondents. , Date of hearing: 28th November, 1995. ORDER MIR HAZAR KHAN KHOSO, J. --Petitioner, Sher Muhammad, seeks leave to appeal against the judgment dated 21-5-1995, passed by a Judge in Chamber of the Lahore High Court, Rawalpindi Bench, Rawalpindi. 2. The facts giving rise to these petitions are that respondent Mst, Khurshid Jehan Begum filed an application against the petitioner for his ejectment from the premises known as Aziz Hotel situate within municipal limits of Talagang, before the Rent Controller, Chakwal, on the ground of default in payment of the rent as well as change made by him in superstructure of the property. The petitioner disputed the title of the respondent and denied the relationship of landlord and tenant between them. The learned Rent Controller framed following two issues:-- (i) Whether the relationship of landlord and tenant exists between the parties? OPA. (ii) Relief. 3. The parties led oral as well as documentary evidence. Vide his judgment dated 5-4-1993 the learned Rent Controller decided the issue in favour of the respondents and order his ejectment. However, he did not pass any order regarding payment of arrears of the rent. The petitioner as well as the respondents filed appeal before the Court of the learned District Judge, Chakwal, which came for hearing before the Court of the learned…
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