Law:

Section:

(a) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)-------S.13---Constitution of Pakistan (1973), Art.199---Landlord and tenant--­Existence of relationship---Proof---Rent Controller and Appellate forum being competent to determine factum of relationship between the parties on basis of evidence on record concurrently recorded their findings in favour of appellants--­High Court, thus, could not have interfered with such concurrent findings of fact exercise of its Constitutional jurisdiction. Muhammad Hussain Munir v. Sikandar P L D 1974 S C 139; Muhammad Sharif v. Muhammad Afzal Suhail P L D 1981 S C 246 and Muhammad Akhtar v. President Cantonment Board, Sialkot 1981 S C M R 291 rel. (b) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)--- ---S.13---Relationship of landlord and tenant---High Court's finding that portion. in dispute had not been established beyond reasonable doubt, to be a part of, specified property; was not borne out from the evidence on record---Appellants in their eviction application had made a definite assertion that the portion in dispute was part of specified property, which was not disputed by respondent in his written statement nor did he claim that disputed property was part of some other property---Respondent as his own witness had in fact clearly conceded that the property in question was a part of specified property---Ground upon which High Court proceeded to set aside order of eviction was thus not in controversy between the parties and as such its decision thereon was not sustainable. (c) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)-- ---S.13---Constitution of Pakistan (1973), Art.199---Relationship of landlord and tenant---Denial of---Tenant, in denial of relationship of landlord and tenant had set up plea of adverse possession and to substantiate his assertion he relied entirely upon oral evidence---Appellant in proof of his title produced registered sale-deed showing that the property had been purchased by him and that it was a portion of the specified property wherein respondent was a tenant under him--­Rent Controller and Appellate forum were well within their competence to prefer the…

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