| Citation(s) |
|---|
| 2004 SLG 962 2004 SLD 962 2004 SCMR 711 |
Supreme Court of Pakistan
Civil Petitions Nos.2287 and 2288-L of 2002, decision dated: 9-07-2002.(On appeal from the judgment dated 26-4-2002 passed by the Lahore High Court, Multan Bench, Multan in Second Appeal from Order No.23 of 2001)
MIAN MUHAMMAD AJMAL AND FAQIR MUHAMMAD KHOKHAR, JJ
Chaudhry Inayat Ullah, Advocate Supreme Court with Tanvir Ahmad, Advocate-on-Record for Petitioner. Nemo for
Respondents
Civil Petitions Nos.2287 and 2288-L of 2002, decision dated: 9-07-2002.(On appeal from the judgment dated 26-4-2002 passed by the Lahore High Court, Multan Bench, Multan in Second Appeal from Order No.23 of 2001)
MIAN MUHAMMAD AJMAL AND FAQIR MUHAMMAD KHOKHAR, JJ
Chaudhry Inayat Ullah, Advocate Supreme Court with Tanvir Ahmad, Advocate-on-Record for Petitioner. Nemo for
Respondents
FAKHAR-UDDIN-
VS
Mst. MANSAB BIBI and another
Law:
Section:
West Pakistan Urban Rent Restriction Ordinance (VI of 1959)---S. 13---Qanun-e-Shahadat (10 of 1984), Art. 84---Constitution of Pakistan (1973), Art.185(3)---Relationship of landlord and tenant--¬Proof---Tenant denied such relationship and alleged rent deed to be a forged document---Rent Controller allowed ejectment petition, which was upheld by First and Second Appellate Courts---Validity--¬Rent deed had been duly proved by producing its scribe and marginal witnesses, whose statements were found to be unimpeachable, coherent and confidence-inspiring-- Landlord had discharged onus of issue regarding relationship of landlord and tenant between the parties---Tenant had not made any request before Rent Controller for comparison of his thumb-impression by an expert---Findings of fact recorded by High .Court did not suffer from any legal infirmity--¬Supreme Court dismissed petition and refused to grant leave to appeal. JUDGMENT FAQIR MUHAMMAD KHOKHAR, J.---The petitioner in both the petitions seeks leave to appeal against a single judgment dated 26-4-2002 passed by the Lahore High Court, Multan Bench, Multan in Second Appeal from Orders Nos.23 and 24 of 2001. 2. The respondent in each case filed separate application under section 13 of the Punjab Urban Rent Restriction Ordinance, 1959 being owner/landlord of the workshop in dispute for the eviction of the petitioner on the ground of default in payment of rent and causing damage to the same. The Rent Controller framed as many as four issues. The application of the respondent in each case was allowed by the Rent Controller by order dated 2-3-2000. The separate appeals of the petitioner were dismissed by the Additional District Judge, Multan by order dated 12-10-2001. The petitioner filed Second Appeal from Orders Nos.23 and 24 of 2001 before the Lahore High Court, Multan Bench which were dismissed by the impugned judgment dated 26-4-2002. Hence these…
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