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Citation: 1970 PLD 283
Court: Lahore High Court
Year: 1969
Decision Date: 1969-11-14
Parties: MUHAMMAD SHARIF vs Sh. MUHAMMAD AMIN AND OTHBRS
Case cited as PLD 1970 Lahore 283
Court Name: Lahore High Court Judge(s): Shamim Hussain Qadri, A. R. Sheikh Title: MUHAMMAD SHARIF vs Sh. MUHAMMAD AMIN AND OTHBRS Case No.: Writ Petition No. 374 of 1969 Date of Judgment:1969-11-14 Reported As: PLD 1970 Lahore 283 Result: Petition accepted JUDGMENT JUDGMENT A. R. SHEIKH, J.-----The facts giving rise to this writ petition are these. Muhammad Sharif petitioner brought an application under section 13 of the West Pakistan Urban Rent Restriction Ordinance (VI of 1959) for ejectment of Muhammad Amin and Mehtab Din, the first and the second respondents, respectively, from the residential house bearing No. H-1249, situate in Purani Gur Mandi, Akbari Mandi, Lahore, alongwith a grinding machine and electric appliances attached thereto, on the ground of default in payment of rent of the premises. This application was resisted by the first respondent alone, mainly on the plea that there was no relationship of landlord and tenant between the parties, because the petitioner was not the lawful owner of the property. Alongwith the written statement, he applied for stay of proceedings before the Rent Controller on the ground that the validity of bale deed in favour of the petitioner had been challenged by him in the Civil Court. The Rent Controller has allowed the application by the impugned order dated the 9th of January 1968 saying that if the Civil Court holds the sale deed to petitioner's favour as void and inoperative, the eviction application of the petitioner will…
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