MAZHAR ALI AZHAR vs Dr. INZARUL ISLAM QURESHI — 1971 PLD 104

Citation: 1971 PLD 104

Court: Lahore High Court

Year: 1970

Decision Date: 1970-06-25

Parties: MAZHAR ALI AZHAR vs Dr. INZARUL ISLAM QURESHI

Headnotes

Case cited as PLD 1971 Lahore 104

Judgment Text

Court Name: Lahore High Court Judge(s): Maulvi Mushtaq Hussain Title: MAZHAR ALI AZHAR vs Dr. INZARUL ISLAM QURESHI Case No.: Second Appeal from Order No, 392 of 1967 Date of Judgment:1970-06-25 Reported As: PLD 1971 Lahore 104 Result: Appeal dismissed JUDGMENT JUDGMENT Doctor Inzarul Islam Qureshi filed two applications under section 13 of the West Pakistan Urban Rent Restriction Ordinance, 1959, for the ejectment of Mazhar Ali Azhar, appellant in S. A. 0. No, 392 of 1967 and Abdullah & Sons appellant in S. A. 0. No, 393 of 1967 from the southern portion of the property, known as Balwant Mansion and described in the Taxation Record as No, S-37-R-114(B), Beadon Road, Lahore. The ejectment was sought on the ground of default in the payment of rent and an allegation that the tenants were impairing the value of the property. Since the points involved in the appeals are the same, they shall be disposed of by this order. 2. The tenants raised several objections which included an attack on the validity of the notice under section 30 of the Displaced Persons (Compensation and Rehabilitation) Act, 1958, and the absence of the relationship of landlord and tenant. The learned Rent Controller framed the following preliminary issues :-- In the case against Mazhar All Azhar- (1)Whether the relationship of landlord and tenant exists between the parties. If not, what is its effect ? O. P. R. (2)Whether a valid notice under section 30 of the Displaced Persons (Compensation and…

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