Law: Constitution of Pakistan, 1973

Section: 185(3)

West Pakistan Urban Rent Restriction Ordinance (VI of 1959)--S.13---Constitution of Pakistan (1973), Art. 185(3)---Tenant had deposited the rent at her leisure and pleasure and not in accordance with the time frame given by the Supreme Court---Effect---Petition for leave to appeal against the order of ejectment of tenant was dismissed in circumstances---If, however, tenant had filed any objection petition before Executing Court concerning the superstructure/improvements the same shall be decided by the executing Court in accordance with law. Syed Safdar Hussain, Advocate-on-Record for Petitioner. Malik Fazal Hussain, Advocate Supreme Court and M. Zahoor Qureshi Azad, Advocate-on-Record (absent) for Respondents Nos. l and ::. Date of hearing: 15th May, 2000. JUDGMENT QAZI MUHAMMAD FAROOQ, J.---This petitiotP. for leave to appeal has arisen from the judgment dated 20-5-1999 of a learned Single Judge of the Peshawar High Court whereby the petitoner's writ petition challenging her eviction from a building called Usmania High School, Abbottabad was dismissed. . 2. The facts of the case,are rather variegated. On 7-10-1989 a petition was filed by the respondents Mst. Yasmin Begum and Mst. Robina Begum, hereinafter referred to as the landladies for eviction of the petitioner Mst. Asmat Gul, hereinafter called the tenant, from a building known as Usmania High School, Abbottabad on triple grounds of default in payment of rent, personal need and misuse of property. A prayer for recovery of arrears of rent for eighteen months, April 1988 to September, 1989, amounting to Rs.55,800 was also made. The tenant denied the relationship of landlord and tenant and took the stance that in the event of eviction she was entitled to get adequate compensation as she had obtained a dilapidated bungalow with a vacant site on lease from the Court of Wards and constructed a school on the premises at a huge cost. The learned Rent Controller framed the following preliminary issues:-- "(1) Whether the relationship of landlord and tenant exists between the parties? (2) Relief." 3. Ultimately, the preliminary issue was decided against the tenant by the learned Rent Controller, Abbottabad, vide…

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