| Citation(s) |
|---|
| 2002 SLG 1760 2002 SLD 1760 2002 CLC 143 |
Lahore High Court
Writ Petition No.2625 of 1993, heard on 19-09-2001
MIAN HAMID FAROOQ, J
Ch. Muhammad Sadiq for Petitioner. Khalid Mehmood Ansari for
Respondents
Writ Petition No.2625 of 1993, heard on 19-09-2001
MIAN HAMID FAROOQ, J
Ch. Muhammad Sadiq for Petitioner. Khalid Mehmood Ansari for
Respondents
SULEMAN MASHKOOR
VS
ABDUL GHAFOOR and others
Law:
Section:
(a) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)-------S.2(c)---"Landlord"---Meaning and connotation of. (b) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)--- ----Ss. 2(c)(i) & 13---Ejectment---Relationship of landlord and tenant--Proof---Person asserting himself to be landlord of a building and claiming that a particular person is tenant under him has to establish either through documentary evidence or unimpeachable oral evidence that said particular person is his tenant---Mere bald assertions regarding relationship of landlord and tenant would not be enough. (c) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)--- ----S. 13---Constitution of Pakistan (1973), Art. 199-Constitutional petition ---Ejectment of tenant---Denial of relationship of landlord and tenant---Rent Controller passed ejectment order against petitioners, which was confirmed by Appellate Court relying upon ownership of respondents qua the house in question---Validity---"Ownership" and "land lordship" of a person are two distinct expressions in law conveying different meanings---No documentary evidence was led to prove relationship of landlord and tenant between the parties' and mere bald assertions by respondents' witnesses regarding such relationship could not be of any avail---Entire thrust of such witnesses was regarding ownership of respondents qua the house in question, who might be owners but not landlords thereof---Respondents had failed to prove that relationship of landlord and tenant existed between the parties within the parameters of law---Impugned s suffering from non-reading and misreading of evidence on record warranted interference by High Court in exercise of its Constitutional jurisdiction, which were set aside by accepting the Constitutional petition. JUDGMENT Through the filing of this Constitutional petition, the petitioners have called in question order, dated 20-2-1993, whereby the learned Additional District Judge, Chiniot, while accepting the appeal, filed by the respondents, upheld the ejectment order, dated 3-5-1990, passed by the learned Rent Controller, Chiniot, whereby he accepted the application for the ejectment of…
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