Law:

Section:

West Pakistan Urban Rent Restriction Ordinance (VI of 1959), S. 13-Ejectment -Co-sharer in possession of joint property cannot be evicted without filing suit for partition. A godown was jointly owned by A, B, C, and D. D sold her share to one L. The godown was in occupation of one M who had sub-let it to another person R. A, B and C obtained an order of ejectment under S. 13, West Pakistan Urban Rent Restriction Ordinance, 1959 against M on ground of his sub­letting the premises to R. R was a brother of L who purchased the share of D. The execution of ejectment decree obtained by ,A, B and C was resisted by L on ground that R, his brother, was in occupation as his own tenant. It was held that in the circumstances, the allegation that R, was tenant of L could not be held to be farfetched and the High Court was right in restraining A, B and C from evicting R pending partition suit filed by L. Mian Muhammad Shafi, Senior Advocate instructed by Rana Maqbool Ahmad Kadri, Advocate-on-Record for Petitioners. Nemo for Respondents. Date of hearing : 16th November 1970. ORDER WAHIDUDDIN AHMAD, J.--The dispute in this case is about a godown which is situated on Water Works Road, Multan City. It belonged to one Miran Khan. On his death, it was inherited by Muhammad Nawaz, Allah Dad Khan and Rab Nawaz his three sons and Mst. Ghulam Aisha his daughter. Mst. Aisha sold her share in favour of Sh. Abdul Latif respondent No. 1 by a registered sale deed on the 31st August 1955, for a sum of Rs. 15,000. The godown was in possession of Muhammad Bashir, a tenant. Muhammad Nawaz, Allah Dad Khan and Rab Nawaz filed an ejectment application under section 13 of the West Pakistan Urban Rent, Control Ordinance for his ejectment. The Rent Controller, Multan, passed an order of his eviction on the ground of subletting and default. Sh. Abdul Latif respondent No. 1 filed a suit for partition against the petitioners and moved an application under section 39, rules 1 and 2, C. P. C. restraining the petitioners from executing the decree against Muhammad Rafiq who was his brother and was in occupation of the godown as his tenant. The learned Civil Judge, by his order dated the 1st May 1969,…

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