| Citation(s) |
|---|
| 2004 SLG 1791 2004 SLD 1791 2004 CLC 582 |
Peshawar High Court
Writ Petition No.6 of 2003, decision dated: 22-12-2003.
TARIQ PARVEZ AND IJAZ-UL-HASSAN KHAN, JJ
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Writ Petition No.6 of 2003, decision dated: 22-12-2003.
TARIQ PARVEZ AND IJAZ-UL-HASSAN KHAN, JJ
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ABBAS KHAN and 11 others
VS
HAFEEZUR-REHMAN and 2 others
Law:
Section:
(a) West Pakistan Urban Rent Restrictions Ordinance (VI of 1959)-------S. 2(c)---Expression `landlord'---Essential characteristics of status of landlord-- Expression `landlord' as embodied in S.2(c) of West Pakistan Urban Rent Restrictions Ordinance, 1959, is of wide amplitude, having larger connotation than the words `owners of land'---Landlord may be one person or more than one person and personal requirement of rented premises may be of one landlord or more than one landlord---Landlord covers in its fold, not only person who actually receives rent but also who is entitled to receive rent, in, one or more of the capacities---Owner who is entitled to receive rent is landlord so also a person who is competent to receive rent on behalf of or for the benefit of such landlord (owner) would also be landlord---Essential characteristic of the status of landlord and tenant are: subordination to a landlord and liability to pay rent---Person who for the time being is entitled to receive rent in respect of any building whether on his own or on behalf of any other person is declared as landlord under S.2(c) of West Pakistan Urban Rent. Restrictions Ordinance, 1959---Expression `landlord' is not restricted to a person who actually receives rent but also contemplates a person who is eligible to receive rent though he might have never in fact received rent. Lal Zarin v. Niaz Muhammad Khan PLD 1984 Pesh. 46; Muhammad Salim v. Sardar Khan and others PLD 1984 Lah. 179; Syed Amjad Ali Shah v. Muhammad Afzal and 3 others PLD 1987 Lah. 280; Mst. Kalsoom Akhtar and others v. Muhammad Yaqoob PLD 1976 Kar. 992; S.A. Waheed v. Dayal Singh College Trust Society PLD 1955 Lah. 570; Muhammad Sharif v. The Additional Judge, Bahawalnagar and others 1989 CLC 2285; Province of Punjab through Secretary, Education and others v. Mufti Abdul Ghani PLD 1985 SC 1 and Messrs Urdu Digest Printers v. Hakeem Muhammad Idrees and others 1982 CLC 470 ref. (b) West Pakistan Urban Rent Restrictions Ordinance (VI of 1959)----- ----Ss. 2(c) & 13---Constitution of Pakistan (1973), Art.199--Constitutional petition ---Ejectment of tenant---Relationship of landlord and tenant---Proof---Tenants denied…
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