| Case ID |
22f6788e-00ee-4437-bd5d-38a2814ed84b |
| Body |
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| Case Number |
W.P. No. 1559 of 2003 |
| Decision Date |
Apr 19, 2004 |
| Hearing Date |
Apr 19, 2004 |
| Decision |
The Lahore High Court accepted the writ petition filed by Karam Din, overturning the decision of the Additional District Judge, Alipur. The court found that the respondent, ADJ Alipur, failed to prove the landlord-tenant relationship with the petitioner. The evidence presented by the respondent was insufficient to establish that Karam Din was a tenant of the disputed property. The court emphasized that the report of the Local Commissioner could not be relied upon as it was obtained in a different suit where the petitioner was not a party. Hence, the earlier ejectment petition was rightly dismissed by the Rent Controller. |
| Summary |
In the case of Karam Din vs. ADJ Alipur, the Lahore High Court examined the legal principles surrounding the relationship between landlord and tenant under Article 199 of the Constitution of Pakistan. The case arose from a dispute where the respondent claimed that the petitioner was his tenant and sought ejectment. The court scrutinized the evidence and found that the respondent failed to establish the existence of a landlord-tenant relationship. The ruling highlighted the importance of proper legal procedures in eviction cases and underscored that without conclusive evidence, such as tenancy agreements or proof of rent payments, the court cannot favor the landlord's claim. This case serves as a significant reference for similar landlord-tenant disputes, emphasizing the necessity of clear and convincing evidence in establishing tenancy. The decision also reflects the court's commitment to uphold due process and protect individuals from unlawful dispossession, reinforcing tenants' rights in Pakistan's legal framework. The judgment sets a precedent for future cases involving landlord-tenant relationships, making it a critical reference point for legal practitioners. |
| Court |
Lahore High Court, Multan Bench
|
| Entities Involved |
|
| Judges |
IJAZ AHMAD CHAUDHRY
|
| Lawyers |
Mr. Muhammad Ramzan Khalid Joya,
Rao Jamsheed Alt,
Rana Liaqat All
|
| Petitioners |
KARAM DIN
|
| Respondents |
,
ADJ ALIPUR, DISTT. MUZAFFARGARH
|
| Citations |
2004 SLD 3559,
2004 PLJ 1559
|
| Other Citations |
PLD 1990 Lah. 48,
1983 SCMR page 1064,
PLJ 2002 Pesh. 106
|
| Laws Involved |
Constitution of Pakistan, 1973
|
| Sections |
199
|