Case Details

Citation(s)
1991 SLG 1625 1991 SLD 1625 1991 CLC 99
Lahore High Court
Writ Petition No. 3635 of 1990, decided on 7th July, 1990
MALIK MUHAMMAD QAYYUM, J
Ghulam Haider Alghazali for Petitioner. M. Iqbal for
Respondent No. 1. Nemo for
Respondents Nos.2 and 3

Sh. MUHAMMAD HANIF

VS

MUHAMMAD NISAR and 2 others

Law:

Section:

(a) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)--------- ----S. 13---Oanun-e-Shahadat (10 of 1984), Art.115---Landlord and tenant--­Denial of relationship---Principle of estoppel when not applicable to a tenant--­Petitioner/landlord claimed to be successor of purchaser of demised premises from allottee---Notified Officer by his order found that transfer in favour of allottee was bogus and fictitious---Petitioner's alleged title in property ceased to exist from the date of Notified Officer's order---Petitioner thus could not claim to be owner of premises---Petitioner's contention that respondent being his tenant could not deny his title as a landlord, was of no avail to petitioner because there was no estoppel against a plea that person claiming to be owner had ceased to be the owner or landlord of premises on account of development which had taken place after the beginning of tenancy---Petitioner's plea that rent note was executed by respondent in his favour pales into insignificance since he ceased to have any title of property as a result of determination by Settlement Authorities---Petitioner thus could not claim to be landlord or owner of premises. Province of Punjab v. Abdul Ghani P L D 1985 SC 1 rel. (b) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)--- ----S. 13---Constitution of Pakistan (1973), Art.199---Ejectment application--­Dismissal of---Legality---Petitioner claimed to be the successor of vendee from an allottee---Notified Officer having cancelled said allotment, serious doubt had been cast on the title of petitioner to such property---Petitioner had filed a suit against order of cancellation which was still pending---Appellate Court was correct in dismissing ejectment application filed by petitioner---Constitutional petition was dismissed in circumstances. Rehmatullah v. Ali Muhammad and another 1983 S C M R 1064 rel. JUDGMENT This petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 arises out of a petition under section 13 of the Punjab Urban Rent Restriction Ordinance 1959 filed by Sh. Muhammad Hanif petitioner against Muhammad Nisar respondent No.1 with respect to a portion of…
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