| Case ID |
039df470-6753-48f5-b8cc-db8570594190 |
| Body |
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| Case Number |
First Appeal from Order No. 47 of 1986 |
| Decision Date |
Nov 19, 1990 |
| Hearing Date |
Nov 19, 1990 |
| Decision |
The appeal was accepted, and the order passed by the learned Rent Controller was set aside. The court found that the relationship of landlord and tenant was not sufficiently established. The respondent failed to provide evidence proving that the appellant was a tenant under him, and the mere ownership of the property did not prove tenancy. The judgment emphasized the need for independent evidence to establish a landlord-tenant relationship, which was lacking in this case. Consequently, the appellant was wrongly presumed to be a tenant by the Rent Controller. |
| Summary |
In the case of Abdul Hamid vs. Ghulam Samdani, the Lahore High Court addressed the complexities surrounding landlord-tenant relationships under the West Pakistan Urban Rent Restriction Ordinance. The case stemmed from an ejectment application filed by Ghulam Samdani against Abdul Hamid. The court scrutinized the evidence presented, particularly the registered sale deeds, and determined that the respondent could not establish that the appellant was a tenant. Key legal principles regarding the burden of proof in tenancy disputes were outlined. The court ultimately set aside the Rent Controller's order, reinforcing the necessity for clear evidence in establishing tenancy. This case highlights critical issues related to property rights, tenancy laws, and the importance of due process in civil litigation, making it a significant reference point for similar disputes in the future. Keywords: landlord-tenant relationship, West Pakistan Urban Rent Restriction Ordinance, ejectment application, evidence in tenancy disputes, Lahore High Court. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
MIAN NAZIR AKHTAR, J
|
| Lawyers |
Kh. Haris Ahmad,
Ch. Asad Ullah Bajwa
|
| Petitioners |
ABDUL HAMID
|
| Respondents |
GHULAM SAMDANI
|
| Citations |
1991 SLD 765,
1991 CLC 773
|
| Other Citations |
Not available
|
| Laws Involved |
West Pakistan Urban Rent Restriction Ordinance (VI of 1959),
Civil Procedure Code (V of 1908)
|
| Sections |
2(c)(i),
13,
15,
12(2)
|