Law:

Section:

Relationship of Landlord and Tenant- —Tenant-Ejectment of~Prayer for-Landlord and tenant—Relationship of Denial of-Rent Controller came to conclusion that rent deed was proved through evidence and that respondent No.l had advanced false plea of purchase of disputed shop-Appellate Court, without meeting reasoning of Rent Controller, illegally allowed appeal of respondent No.l~Argument that rent deed should have been proved in accordance with provisions of Articles 17 and 79 of Qanun-e-Shahadat, has no force-Both witnesses, AW 1 and AW 2 appear to be truthful persons and their testimony .can safely be relied upon- Entries of E.T.O. record show that property in dispute belonged to predecessor-in-interest of petitioner-Held: Relationship of landlord and tenant is established-Petition accepted.          [Pp.l85,186187]A,B,CD NLR 1980 (Lah.) 460 distinguished. JUDGMENT The dispute pertains to a shop bearing No.XIX-l-S-120(lower portion), situated in Gali Araian, Sialkot, which was rented out to Haji Muhammad Ismail, respondent No.l in the year 1967 at the rate of Rs.35/- per month. Rent was increased from time to time and in the year 1988, it was Rs.175/- per month. 2. An ejectment petition was filed by the petitioner against respondent No.l on 5.3.1988, on the ground of default from 1986 till the date of institution of the petition and sub-letting. The petition was accepted by the learned Rent Controller on 29.9.1988 Who ordered eviction of respondent No.l from the shop. Respondent No.l preferred an appeal which was accepted by the learned Additional District Judge, Sialkot vide his judgment dated 3rd May, 1989. 3. The petitioners learned counsel submits that the relationship of landlord and tenant was proved through the rent-deed dated 23.4.1967 (ExhA-1). He submits that the Rent-Deed was duly proved through statements of marginal witnesses AW-1 Muhammad Yousaf and AW-2 Shaukat Mahmood son of Muhammad Mehdi, the deceased marginal witness. He submits that AW-1 had stated that Haji Muhammad Ismail, the tenant had signed the rent-deed in his presence and the said statement was never questioned in cross-examination. He points out that signature…

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