Law:

Section:

West Pakistan Urban Rent Restriction Ordinance (VI of 1959)--- ----Ss. 2(c)(j), 13(2)(i), (3)(c)(ii), 13-A & 15---Appeal---Applications for ejectment of tenant on grounds of default in payment of rent and for bona fide personal use---Landlord and tenant, relationship of---Tenants denied existence of relationship of landlord and tenants between them---Rent Controller, in the light of pleadings of the parties, framed issues with regard to existence of relationship 'of landlord and tenant between the parties and dismissed ejectment applications holding that no relationship of landlord and tenants existed between the parties---Validity---Landlord claimed to have acquired ownership of property in dispute from its original owner/landlord and issued notice under S.13-A of West Pakistan Urban Rent Restriction Ordinance, 1959 to tenants about changed landlord and demanding rent from them---Tenants, despite receipt of such notice failed to tender. rent to landlord, which denial appeared to be contumacious as they had no right to deny title of landlord who had become the landlord by operation of law---Tenants continued to deposit rent in the name of dead original owner/landlord, and it was nobody's case that after death of original landlord/owner any other person came forward and claimed to be landlord by operation of law or having stepped into the shoes of original owner---Tenants were under legal obligation to have tendered rent to landlord, instead of disputing his title---Relationship of landlord and tenants having been established between the parties, denial of same by tenants was a malicious act---Judgment of Rent Controller, was set aside and tenants were directed to hand over vacant possession of shops in their respective possession to the landlord. 1991 SCMR 1376; 1994 SCMR 572; 1991 SCMR 215; 1991 CLC 1688; 2002 YLR 2772; 2002 CLC 143; 1980 CLC 1189 and Master Chiragh Din v. Abdul Hakim and another PLD 1974 Lah. 370 ref. JUDGMENT AKHTAR ZAMAN MALGHANI, J.---By this common judgment, I intend to dispose of F.A.Os. Nos. 20, 21, 22, 23, 24, 25, and 26 of 2006 as identical question of facts and law are involved in all the appeals and have arisen from a…

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