Law: Arbitration Act, 1940

Section: 8,14

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

Section: 2(i),15(6)

Law: Qanun-e-Shahadat (10 of 1984)

Section: 33

(a) Arbitration Act (X of 1940)--- ----Ss.8 & 14---Qanun-e-Shahadat (10 of 1984), Art.33--- `Referee'---Referee was a person who was invited to the aid of the parties to a suit and his personal opinion was sought for resolving the controversy and his appointment was always with the consent of the parties; and he must not hold any inquiries nor was supposed to collect evidence; and the and decree in that particular suit had to be based upon his personal opinion, which would amount to admission by the parties to the suit and the same had binding effect. Kashmira v. Mst. Makho NLR 1992 Civil 318; Sher Zaman v. Noor Zaman and others PLD 1977 Lah. 672; Ali Hussain v. Rafique-ud-Din and others PLD 1977 Lah. 418 and Ghulam Fareed Khan v. Muhammad Hanif Khan 1990 SCMR 763 ref. (b) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)--- ----S.2(i)---Tenant---Copartner in a joint business, being run on the rented premises was a tenant, notwithstanding that agreement of tenancy was in the name of any one of them; and ejectment petition filed by landlord against co-partners on the strength of such agreement would be competent. (c) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)--- ----S.2(i)---Tenant---If a tenant would claim possession of the rented premises on the strength of agreement to sell etc., he had to first vacate the premises and hand over its possession to the landlord and thereafter could bring a suit on the strength of his agreement of sale-deed etc. in the competent court of law. (d) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)--- ----S.15(6)---Second appeal before High Court---Impugned order filed by the Rent Controller and Appellate Authority, not only were concurrent in nature, but were well reasoned and perfectly in accordance with law---Same were upheld and appeal against said concurrent orders was dismissed. THIS JUDGMENT DELIVERED BY: PERVAIZ INAYAT MALIK, J---.--- Briefly stated facts as those emerge out of this petition are that Abdul Latif respondent No.1, hereinafter to be referred as the landlord filed eviction petition regarding Shop No. 122 against Qamar-ud-Din petitioner alleging therein that the shop in…

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