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

Section: 15,13,15(6)

Law: Civil Procedure Code (V of 1908)

Section: O.XIII,4

Law: Arbitration Act, 1940

Section: 34

[West Pakistan Urban Rent Restriction Ordinance (VI of 1959)].......S 15(6)---Denial of relationship of landlord and tenant between parties---Tenancy agreement tendered by landlord in evidence marked as (A) in statement of his counsel---Ejectment order passed by Rent Controller upheld by District Judge by taking judicial notice of such agreement---Plea of tenant that he was tenant under deceased brother of landlord; and that such agreement was not exhibited, but was marked as "A", which he could not take seriously, thus, he had been condemned unheard---Validity---Landlord in his counsel's statement had tendered in evidence his title deed, documents in his favour from Excise and Taxation Department and such agreement---Tenant, after such statement of landlord's counsel, had produced his evidence, but had not countered such agreement by leading cogent and strong evidence---Widow of landlord's deceased brother in her affidavit and statement before Court had denied tenant's claim to be tenant of her deceased husband---Tenant while cross-examining widow had not challenged her such statement---Tenant at stage of second appeal, thus, could not be allowed to raise such plea, which he had not raised before Rent Controller---Document brought on record by a party with approval of Court, whether in shape of exhibited or marked document, could be taken into consideration, but in accordance with law---District Judge had rightly taken into consideration such agreement through judicial notice---Oral evidence of landlord including statement of widow, exhibited documents including gas and electricity bills had proved that demised property was in the name of landlord and had never been in possession of his deceased brother---Tenant's reliance on a clause in such agreement for reference of dispute to arbitration had amounted to his admission of existence of such agreement---High Court dismissed appeal in circumstances. Pakistan International Airlines Corporation v. Messrs Pak Safe Drycleaners PLD 1981 SC 553; Cantonment Board, Kharian v. Messrs Jafri Traders Corporation 2006 SC 693; Muhammad Farooq v. Nazir Ahmad and others PLD 2006 SC 196; Nuricon Union (Pvt.) Limited v. Muhammad…

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