Law: West Pakistan Urban Rent Restriction Ordinance (VI of 1959)

Section: 13

Law: Constitution of Pakistan, 1973

Section: 185(3)

[West Pakistan Urban Rent Restriction Ordinance (VI of 1959)].......S 13---Constitution of Pakistan (1973), Art. 185(3)---Relationship of landlord and tenant---Tenant's plea was that disputed property was purchased by him alongwith husband of landlady out of partnership business, regarding which his suit was pending; and that till decision of such suit, he could not be ejected therefrom---Rent Controller accepted ejectment petition, which order was upheld by Appellate Court and High Court ---Validity---Tenant's suit had not been decided in spite of passage of more than ten years---Title of disputed property vested in the landlady according to documents---All utility bills (electricity, water and other charges) were in the name of landlady---Landlady was shown as owner in the record of Excise and Taxation Department---Landlady had proved herself to be exclusive owner of the disputed property---No illegality was found in of High Court maintaining concurrent findings of two Courts below---Supreme Court dismissed petition and refused leave. ORDER TANVIR AHMED KHAN, J.---Leave to appeal is sought against the judgment dated 2-4-2002, whereby writ petition filed by the petitioner was dismissed. Facts briefly are that respondent No.3 Mst. Shaheen Younis filed petition under section 13 of the Punjab Urban Rent Restriction Ordinance 1959 against the petitioner on 17-3-1998, on the ground of default as well as personal need. The petitioner resisted the claim and denied the relationship of landlord and tenant. Accordingly issue was framed qua the existence of relationship of tenancy to reason this controversy. The parties led their evidence. The learned Rent Controller through order' dated 19-5-2002, accepted the application and directed the petitioner to deliver 'vacant possession within four months of the order. The petitioner filed an appeal which was dismissed…

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