| Case ID |
e9c1a978-7003-4ecf-8fb2-129a58b3b326 |
| Body |
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| Case Number |
S.A.O. No.65 of 2006 |
| Decision Date |
Nov 28, 2008 |
| Hearing Date |
Nov 28, 2008 |
| Decision |
The Lahore High Court dismissed the second appeal filed by the appellant, maintaining the order of the Lower Appellate Court. The case involved a dispute regarding the landlord-tenant relationship, where the appellant denied being a tenant of the shop mentioned in the ejectment petition. The Lower Appellate Court had remanded the case back to the Rent Controller to appoint a Local Commissioner for demarcation of the disputed property. The High Court found no jurisdictional defect or legal infirmity in the findings of the Lower Appellate Court, thus upholding the remand order. |
| Summary |
This case revolves around the landlord-tenant relationship under the West Pakistan Urban Rent Restriction Ordinance. The respondent filed an ejectment petition claiming that the appellant was a defaulter in paying rent for the shop. The appellant contested this, asserting that they were not the tenant of the shop cited in the ejectment application. The case highlights issues of property demarcation and the responsibilities of the Rent Controller in resolving disputes related to tenancy. The Lahore High Court upheld the decision of the Lower Appellate Court, emphasizing the need for proper evidence and demarcation in landlord-tenant disputes, which is crucial for accurate legal adjudication. This case is significant for understanding the application of rent laws and the procedural mandates for resolving tenant disputes in Pakistan. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
ALI AKBAR QURESHI, J
|
| Lawyers |
Naveed Shehryar,
Mahboob Rasool Awan
|
| Petitioners |
MUHAMMAD NAZIR
|
| Respondents |
FAQIR MUHAMMAD
|
| Citations |
2009 SLD 486,
2009 CLC 416
|
| Other Citations |
Not available
|
| Laws Involved |
West Pakistan Urban Rent Restriction Ordinance (VI of 1959)
|
| Sections |
13,
15(6)
|