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ASHRAF KIYANI versus HAJRA BIBI


West Pakistan Citizens Rental Restriction Ordinance 1959 Section 2 (c) (I) and 13 Constitution of Pakistan (1973), Article 199 The existence of a default landlord and tenant relationship in payment of rent by the tenant withholding application on rent. Accordingly, based on the evidence on record, it has been decided that the landlord and tenant relationship exists between the parties and the appellate court has maintained the rent controller's search. Both courts had fully considered the record and conclusions made by the courts below in relation to the landlord and tenant relationship. There was no result of any misunderstanding between the parties, but the courts below decided, in their sole discretion, to decide on the concurrent decisions of the courts, as well as the relationship of landlord and tenant between the parties. After working, the record was given to the court after a proper review of the evidence. On the basis of proper assessment of the evidence on record, interference cannot be exercised by the High Court, using its constitutional jurisdiction.

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