Law:

Section:

West Pakistan Urban Rent Restriction Ordinance (VI of 1959)--S.13(6)---Constitution of Pakistan (1973), Art. 185(3)---Relationship of landlord and tenant---Denial---Striking off defence for non-compliance of tentative rent order---Tenant who failed to comply with tentative rent order whereby he was directed to deposit arrears of rent and future monthly rent, had denied relationship of landlord and tenant between him and the respondent---Tenant had claimed that shop in dispute was not owned by respondent, but was owned by the Highway Department---Tenant could not produce any evidence in proof of his claim---Tenant had contended that tenancy having been denied by him, :1. was incumbent on Rent Controller to have determined said issue in the first instance, before proceeding to pass tentative rent order under S.13(6) of West Pakistan Urban Rent Restriction Ordinance, 1959=--Validity---Where relationship of landlord and tenant was denied, Rent Controller, no doubt, in the first instance should decide said issue before directing tenant to deposit arrears of rent or future rent, but where tenant had failed to produce even, prima facie, evidence in support of his assertion, no prejudice would be caused by reason of omission of framing of formal issue on the existence of relationship of landlord and tenant between the parties---Objection of tenant with regard to relationship of landlord and tenant between the parties itself being frivolous and prima facie not supported by any evidence, defence of tenant was rightly struck off for non-compliance of tentative rent order. Qureshi Muhammad Hafeez, Advocate Supreme Court with Abut Aasim Jafri, Advocate-on-Record (absent) for Petitioner. Mian Nisar Ahmad, Advocate Supreme Court and Ch. M. Aslam, Advocate-on-Record for Respondent. Date of hearing: 17th September, 1999. JUDGMENT IRSHAD HASAN KHAN, J.---This petition, under Article 185(3) of the Constitution of the Islamic Republic of Pakistan, 1973, is directed against the order of the learned Single Judge of the Lahore High Court, Lahore, dated 8-12-1998, passed in S.A. 0. No. 100 of 1997, in a rent case. 2. Brief facts are that the respondent filed a petition for eviction of…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492