| Case ID |
5e76a58d-0496-431b-80cd-776017487bd7 |
| Body |
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| Case Number |
Second Appeal from Order No.23 of 2001 |
| Decision Date |
May 03, 2001 |
| Hearing Date |
|
| Decision |
The Lahore High Court dismissed the second appeal in limine, affirming the decisions of the lower courts which found that the relationship of landlord and tenant existed between Ghulam Nabi and Manzoor Ahmad. The court held that the tenant's claims of having purchased the property were unsubstantiated as no sale agreement or deed was provided. The Rent Controller's findings were based on the evidence presented and reaffirmed by the First Appellate Court. The court noted the proceedings under the West Pakistan Urban Rent Restriction Ordinance are summary in nature, and the tenant's plea was proven false. The court emphasized that the matter involving title should be resolved in a civil court if necessary, and reiterated that the findings of fact recorded by the lower courts could not be disturbed in the second appeal. |
| Summary |
In the case of Ghulam Nabi vs. Manzoor Ahmad, the Lahore High Court addressed issues related to the West Pakistan Urban Rent Restriction Ordinance, 1959, focusing on the relationship between landlords and tenants. The court examined the evidence regarding the claims of ownership of the property in dispute. The tenant, Manzoor Ahmad, contended he purchased the shop but failed to provide any valid documentation, such as a sale deed or agreement. The Rent Controller and the First Appellate Court found the tenant's claims to be false and upheld the landlord's right to eject the tenant. The court's decision highlights the importance of having proper documentation in landlord-tenant disputes and the limitations of the Rent Controller's jurisdiction in matters of title. This case reaffirms the principle that once evidence is admitted without objection, it stands as proof of its validity. The court also emphasized that new pleas cannot be raised in a second appeal if they were not previously presented. The decision serves as a critical reference for similar landlord-tenant disputes, emphasizing the necessity of clear evidence in property ownership claims. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
ABDUL SHAKOOR PARACHA, J
|
| Lawyers |
Mirza Khalid Mehmood
|
| Petitioners |
Ghulam Nabi
|
| Respondents |
Manzoor Ahmad
|
| Citations |
2001 SLD 2562,
2001 CLC 1455
|
| Other Citations |
Nisar Ahmad v. Nazar Muhammad PLD 1974 Lah. 489,
Rehmatullah v. Ali Muhammad and another 1983 SCMR 1064,
Province of Punjab v. Mufti Abdul Ghani PLD 1985 SC 1,
Malik Din and others v. Muhammad Aslam PLD 1969 SC 136,
Abdul Majeed and others v. Province of Punjab 1990 SCMR 846,
Wali Muhammad and others v. Ghulam Rasool 1970 SCMR 471,
Government of Punjab v. Jamida Malik and others 1991 MLD 824,
Muhammad Akram v. Syed Imro Ali Shah 1988 CLC 2228,
Muhammad Yousaf Khan Khatak v. S.M. Ayub and others PLD 1972 Pesh. 175,
Muhammad Shoaib Alam and others v. Muhammad Iqbal and others 2000 SCMR 903
|
| Laws Involved |
West Pakistan Urban Rent Restriction Ordinance, 1959,
Qanun-e-Shahadat Order, 1984,
Civil Procedure Code, 1908
|
| Sections |
13,
15(6),
72,
100
|