Law:

Section:

West Pakistan Urban Rent Restriction Ordinance (VI of 1959)-----S. 13---Constitution of Pakistan (1973), Art.185(3)---Landlord and tenant, relationship of---Tenant denying relationship of landlord and tenant for the reason that there existed oral agreement to sell the disputed property and that possession was handed over to him after getting the earnest money from him and as such order of Rent Controller for the deposit of rent was not proper---High Court dismissed petition on the ground that tenant had suppressed the order of Rent Controller wherein he had considered contention of oral agreement to sell and had rejected the same---High Court having arrived at a correct conclusion, petition for leave to appeal was dismissed. ORDER JAVID IQBAL, J.--This petition for leave to appeal is directed against the judgment of the Lahore High Court, Multan Bench, Multan dated 26th April, 1989 whereby writ petition of the petitioner was dismissed. Briefly the facts are that respondents Nos. 2 and 3 who are minors filed a petition through their father Professor Iqbal Ahmad Chaudhry seeking ejectment of the petitioner from the disputed property. The petitioner was claimed to be tenant under the respondents at a monthly rent of Rs.5,000 upto August 1983. The rent upto this period was paid by him but thereafter the rent was enhanced to Rs.5,500 per month. He paid that rent also until July 1986 but then committed default till the institution of the ejectment petition. The petitioner in his written statement alleged that he was not a tenant of the respondents, that there existed oral agreement to sell the disputed property between Professor Iqbal Ahmad Chaudhry father of respondents Nos. 2 and 3 on the one hand and the petitioner on the other. The petitioner claimed to have paid a sum of Rs.80,000 as earnest money and that he was given possession of the disputed shop under the said agreement to sell. The Rent Controller did not accept the plea of the petitioner and vide order dated 3rd December, 1988 he directed the petitioner to deposit the rent. This order was challenged by the petitioner by…

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