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Petitioner: MUSAWWAR IQBAL VS Respondent: ZAMAN ALVI
Court Name: Lahore High Court Judge(s): Muhammad Khalid Mehmood Khan Title: MUSAWWAR IQBAL vs ZAMAN ALVI Case No.: S.A.O. No,73 of 2008 Date of Judgment:2010-04-21 Reported As: 2010 MLD 1760 Result: Order accordingly
JUDGMENT
JUDGMENT ' MUHAMMAD KHALID MEHMOOD KHAN, J.---This second appeal has been preferred against the orders of appellate Court, dated 7-7-2008 and order, dated 30-4-2008 passed by the Rent Controller Gujranwala, 2. Both the parties argued the case at length. The respondents have filed an application under Order XIII, Rules 1 and 4 for placing on record certain documents in the shape of additional evidence in present appeal. The dispute between the parties is that property subject-matter of the ejectment petition is not partitioned and as such the tenant is claiming that he is in occupation of the property as owner of the same on the basis of sale deed of half portion of the shop. The sale- deed of half portion of the shop is admitted by the landlord. The tenant is claiming that there is no partition of the property i.e, shop and he is the share-holder of each and every inch of the shop unless partitioned. Learned counsel has placed on record certified copy of the partition proceedings conducted by the court in other suit. 3. Without commenting on any document or evidence both the parties have agreed that both the impugned judgments may be set aside and the learned Rent Controller be ordered to decide the application of respondent for additional evidence and then decide the ejectment petition afresh within a shortest period. 4. The request of both the learned counsel is reasonable and as such with the consent of both the learned counsel for the parties the impugned orders are set aside. The ejectment petition is remanded to the learned Rent Controller with the direction that respondent will file an application for additional evidence in lines of the application C.M. No,371-C/2009 filed in this Court. Learned Rent Controller will decide the said application and after that will decide the ejectment petition
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afresh, however, if any party of the ejectment petition wants to produce further evidence, he will be at liberty to do so. With these observations this S.A.O. Is allowed. There is no order as to costs.