| Citation(s) |
|---|
| 2004 SLG 1015 2004 SLD 1015 2004 SCMR 738 |
Supreme Court of Pakistan
Civil Petition No. 3811-L of 2002, decision dated: 6-03-2003.(On appeal from the judgment dated 5-11-2002 of the Lahore High Court, Bhawalpur Bench, Bahawalpur passed in S.A.O. No.7 of 2002)
FALAK SHER AND KARAMAT NAZIR BHANDARI, JJ
Ch. Naseer Ahmed Bhutta, Advocate Supreme Court and Mehmood-ul-Islam, Advocate-on-Record for Petitioner. Ch. Muhammad Ashraf, Advocate Supreme Court and Muhammad Uzair Chughtai, Advocate-on-Record for
Respondents
Civil Petition No. 3811-L of 2002, decision dated: 6-03-2003.(On appeal from the judgment dated 5-11-2002 of the Lahore High Court, Bhawalpur Bench, Bahawalpur passed in S.A.O. No.7 of 2002)
FALAK SHER AND KARAMAT NAZIR BHANDARI, JJ
Ch. Naseer Ahmed Bhutta, Advocate Supreme Court and Mehmood-ul-Islam, Advocate-on-Record for Petitioner. Ch. Muhammad Ashraf, Advocate Supreme Court and Muhammad Uzair Chughtai, Advocate-on-Record for
Respondents
AADIL NADEEM RIZVI
VS
GOHAR SIDDIQUE and others
Law:
Section:
(a) West Pakistan Urban Rent Restriction Ordinance (VI of 1959) ----S.13---Question of title---Such question is not to be determined by Rent Controller. (b) West Pakistan Urban Rent Restriction Ordinance (VI of 1959) --- ----S.13---Constitution of Pakistan (1973), Art.185(3)---Denial of relationship of landlord and tenant between the parties---Such relationship was found to exist on basis of "Iqrarnama" and money order receipts---Courts below had not accepted tenant's contention that such documents were forged---Supreme Court dismissed petition and refused leave to appeal. JUDGMENT KARAMAT NAZIR BHANDARI, J.--The respondents Nos. 1 to 4 filed an ejectment .petition under the Punjab Urban Rent Restriction Ordinance, 1959 against the petitioner, on the ground of default. The petitioner denied that the respondents were the owners. He also denied the relationship of landlord and tenant. From the rival claims of the parties relevant issues were framed and tried. The Rent Controller, Bahawalpur held in favour of the existence of relationship and accepted the eviction petition vide judgment dated 1-3-2002. Petitioner's appeal by the District Judge, Bahawalpur was dismissed on 29-4-2002. Petitioner's second appeal (S.A.O. No.7 of 2002) was also dismissed. Incidentally against the appellate judgment, Province of Punjab (respondent No.5) claiming to be owner of the suit shop also filed appeal (S.A.O. No. 14 of 2002) which has also been dismissed on 5-11-2002 by the High Court on the short ground that this appellant did not challenge the order of the Rent…
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