Law: Civil Procedure Code (V of 1908)

Section: O.XLI,r.27

Law: Civil Procedure Code (V of 1908)

Section: O.XLI,r.27

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

Section: 13

West Pakistan Urban Rent Restriction Ordinance (VI of 1959)-------S. 13---Civil Procedure Code (V of 1908), O.XLI, R.27---Constitution of Pakistan (1973), Art.199---Constitutional petition---Ejectment petition---Denial of relationship of landlord and tenant between parties---Entries in Excise and Taxation register---Effect---Petitioner denying relationship of landlord and tenant, claimed possession of disputed house on basis of agreement to sell---Respondent sought permission to place certified copy of property survey report on record according to which petitioner had admitted before Survey Team of Property Tax Department that she was a tenant under respondent---Respondent's application for production of additional evidence was accepted by Appellate Court---Validity---Entries made in Excise and Taxation record did not prove ownership of rented premises or relationship of landlord and tenant between parties---Rent Controller had rightly found that respondent had failed to prove his case but Appellate Court reversed such findings in violation of settled principles---Impugned was, therefore, set aside. Gul Dad Khan v. Rahim Shah PLD 1978 Kar. 19; Phool Muhammad v. S. Hassan Arif Fatmi and 4 others 1981 CLC 1719; Abdur Rehman and others v. Abdul Qadir and others 1998 CLC 401; Karachi Transport Corporation through Secretary and others v. Mukhtar Begum and others 1998 SCMR 809; Muhammad Lehrasab Khan v. Mst. Aqeela-un-Nisa and 5 others 2001 SCMR 338 and Mst. Nek Bibi and 8 others v. Mst. Maryum Begum and 5 others 2003 MLD 702 ref. Mst. Jehan Ara and others v. Dad Muhammad and others 1989 ALD 532(2) rel. Pir S.A. Rashid for Petitioner. Muhammad Younas Chaudhary for Respondent No.1. Respondents Nos.2 and 3 are pro forma Respondents. ORDER FAZAL-E-MIRAN CHAUHAN, J.---Brief facts of the case are that; respondent No.1 Shahan Masih, tiled an ejectment petition against the petitioner regarding Property No.428-K, Q-Block Sarai Dhobian Model Town Extension Scheme, Lahore, in which, the petitioner tiled her written statement denying the relationship of landlord and tenant. Issues were framed. Respondent No.1 produced three witnesses in his support, whereas, the petitioner also…

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