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ABDUL SALAM KHAN versus ZULFIQAR ALI MUMTAZ

Section 4 Special Relief Act (I of 1877), Section 12 of the Evidence (10 of 1984), Arts 117 and 120 Rent; Receipt of rent rate and increase thereby showing proof of fair rent below that of the plaintiff / landlord. The final results of the fact by the courts were presented only as the lawyer who claimed the rent amount with a 10% increase on the monthly rate. The lawyer's statement, the plaintiff / landlord did not present any other testimony, the trial court ruled the case and the verdict, and the order passed by the trial court was upheld on the basis that the landlord and the tenant were between the parties. The relationship exists. In his own investigation, the fact that such money was assessed by himself could not be construed as a fact of taking appropriate rent for a particular premises, at least to the claimant / landlord. There should have been evidence of the quality that was highlighted in Section 4 of the West. In the absence of such evidence, the Pakistan Urban Rent Restriction Ordinance, 1959 for determination of fair rent, could not be rendered in the case filed by the plaintiff / landlord; Was not related to the parties' relations. The plaintiff / landlord claimed that there was a dispute regarding a certain amount of rent on the basis of which there was an uncontested dispute between the parties as the evidence required to determine the rent or determine the fair rent was on record. Were not available, therefore, the case could not be decided and the orders given under both courts were set aside and the case will be dismissed. law firms from North Wazirstan lawyer