| Citation(s) |
|---|
| 1990 SLG 629 1990 SLD 629 1990 SCMR 460 |
Supreme Court of Pakistan
Civil Petition No. 530 of 1988, decision dated: 28-08-1988.
MUHAMMAD AFZAL ZULLAH AND SAAD SAOOD, JAN, JJ
Ch. Nawab-ud-Din Mahmood, Advocate Supreme Court and Ch. Mehdi Khan Mehtab, Advocate-on-Record for Petitioner. Sh. Masood Akhtar, Advocate-on-Record for
Respondent No. 3.
Civil Petition No. 530 of 1988, decision dated: 28-08-1988.
MUHAMMAD AFZAL ZULLAH AND SAAD SAOOD, JAN, JJ
Ch. Nawab-ud-Din Mahmood, Advocate Supreme Court and Ch. Mehdi Khan Mehtab, Advocate-on-Record for Petitioner. Sh. Masood Akhtar, Advocate-on-Record for
Respondent No. 3.
MUHAMMAD AMIR
VS
ADDITIONAL DISTRICT JUDGE and others--Respondents
Law:
Section:
West Pakistan Urban Rent Restriction Ordinance (VI of 1959)-----S.13---Constitution of Pakistan (1973), Art. 185(3)---Ejectment of tenant--Tenants denying relationship of landlord and tenant by setting up plea of adverse possession---Rent Controller dismissed landlord's application---Appellate Court reversing Rent Controller's decision, ordered ejectment of tenants---Tenants' Constitutional petition against ejectment dismissed---Legality---Landlord's case rested on rent deed having been executed by the predecessor of tenants in his favour---Tenants' plea that rent deed was a forged document was rejected by the Appellate Court, upholding validity and genuineness thereof---In presence of such rent deed, tenants' plea that they had become owners of premises through adverse possession could not be accepted---High Court was thus right in not interfering with the order of eviction passed by the Appellate Court---Leave refused. ORDER SAAD SAOOD JAN, J.--The petitioners are the successors-in-interest of Muhammad Waris. They were in possession of a haveli in Chiniot. Bashir Ahmad, respondent No.3, filed an application for eviction against them before the Rent Controller on the ground, inter alia, that they were defaulters in the payment of rent. The petitioners resisted the application alleging that they had become owners of the haveli by adverse possession and as such they were not tenants under Bashir Ahmad. The learned Rent Controller framed an issue to the effect whether the relationship of landlord and tenant existed between the parties. Both parties led…
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