| Citation(s) |
|---|
| 1999 SLG 681 1999 SLD 681 = 1999 MLD 1342 |
Lahore High Court
Writ Petition No. 11910 of 1996, decision dated: 12-11-1997
M. JAVED BUTTAR, J
Mirza Naseer Ahmad for Petitioner. Chaudhry Muhammad Bashir for
Respondents
Writ Petition No. 11910 of 1996, decision dated: 12-11-1997
M. JAVED BUTTAR, J
Mirza Naseer Ahmad for Petitioner. Chaudhry Muhammad Bashir for
Respondents
MUHAMMAD NAEEMvsABDUL WAHID and others
Law: West Pakistan Urban Rent Restriction Ordinance (VI of 1959)
Section: 13
[West Pakistan Urban Rent Restriction Ordinance (VI of 1959)]......S 13---Relationship of landlord and tenant---Excise record---Excise and Taxation record was not a conclusive proof of tenancy.(b) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)--S. 13---Relationship of landlord and tenant---Ownership--Though, prima facie, for the purposes of decision of the ejectment petition, the respondent had been able to show his ownership over the property in dispute but he had failed to prove that the petitioner entered in the premises in dispute as his tenant--�Relationship of landlord and tenant between the parties was not established in circumstances. Province of Punjab through Education Secretary and another v. Mufti Abdul Ghani PLD 1985 SC 1; Rehmatullah v. Ali Muhammad and another 1983 SCMR 1064; Muhammad Latif v. Additional District Judge, Lahore and 2 others 1993 MLD 1631; Fateh Gul v. M. Anwarul Huda and another 1987 CLC 635; Ikhlaq Ahmad and 10 others v. Ch. Muhammad Sharif and 3 others 1995 CLC 239; Attique-ur-Rehman and others v. Muhammad Aslam 1995 CLC 66; Mst. Roshan Bi and others v. Munawar Hussain Gil 1987 MLD 3263; Syed Aijaz Hussain v. Azimullah 1984 CLC 2908; Sultan Ahmad v. Nisar Ellahi 1988 CLC 1776; Beejal Mal v. Punaji 1987 CLC 1134. and Fazal Baqi and another v. Rehmatullah 1995 MLD 303 ref.ORDER This Constitutional petition is directed against the judgment dated 1-7-1996 of Additional District Judge, Faisalabad whereby the respondents/landlord's appeal was accepted and the judgment of the Rent Controller, Faisalabad, dated 14-2-1995 of the dismissal of ejectment petition was set aside and the ejectment petition was accepted. 2. The facts, in brief, are that respondent No. 1, Abdul Wahid, instituted an ejectment petition against the present petitioner, Muhammad Naeem, on 21-9-1993, before the- Rent Controller. Faisalabad, alleging that the petitioner was a tenant under him in House bearing No.P.183-D, People's Colony No.l, Faisalabad, at the monthly rent of Rs.2,000 the tenancy commenced on 28th of every month and that the petitioner Muhammad Naeem was liable to be ejected on the ground of landlord's personal need and…