Law:

Section:

(a) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)-------Ss. 13, 2(c) & 2(i)---Constitution of Pakistan (1973), Art.185(3)---Landlord and tenant, relationship of---Leave to appeal was granted by Supreme Court, inter" alia, to examine as to whether in view of the fact that the tenant had purchased the share of one of the landlords (co-sharer in the disputed property), the ejectment proceedings initiated against him by one of the co-sharers (landlord) were maintainable in view of the law laid down by Supreme Court in Syed Izhar-ul-Hassan Rizvi v. Mian Abdur Rahman and others 1992 SCMR 1352. Syed Izhar-ul-Hassan Rizvi v. Mian Abdur Rahman and others 1992 SCMR 1352 ref. (b) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)--- ---Ss. 13, 2(c) & 2(i)---"Landlord"---Landlord and tenant, relationship of---No treaty of tenancy between the parties was in existence---Purchaser of a share out of a joint property having become a co-owner, his status as a 'tenant' ceases and his possession will become that of a co-owner who falls within the definition of "landlord"---Co-sharer is entitled to retain the possession of the joint property till partition and cannot be ejected. Mst. Sanobar Sultan and others v. Obaidullah Khan and others PLD 2009 SC 71; Province of Punjab through Education Secretary and another v. Mufti Abdul Ghani and others 1981 SCMR 139; Muhammad Muzaffar Khan v. Muhammad Yusuf Khan PLD 1959 SC 9 and Muhammad Nawaz v. Sh. Abdul Latif 1971 SCMR 198 ref. Mst. Kalsoom Akhtar and 8 others v. Muhammad Yaqub PLD 1976 Kar.992; Muhammad Anwar through his Legal Representative v. Abdul Shakoor 1982 SCMR 1120; Messrs Muhammad Ismail and Bros. v. Malik Muhammad Tahir and others 1981 SCMR 139; Muhammad Akram v. Chaudhry Mushtaq Ahmed 1993 SCMR 1355; Muhammad Sadiq v. Allah Dad, Mst. Athar Jabeen and another v. Deputy Settlement Commissioner, Circle III, Lahore and another PLD 1993 Lah. 842; 1996 SCMR 48; Muhammad Nazir v. Saeed Subhani 2002 SCMR 1540; Barkat Masih v. Manzoor Ahmad (deceased) through L.Rs. 2006 SCMR 1068; Said Rehman and others v. Mst. Sardar Begum and others PLD 2008 SC 554 and Mst. Seema Begum v. Muhammad Ishaq and others PLD…

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