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Revision Application No. 57 of 1977, decided on 6th August 1980.
‑‑ S. 13 (I)‑Eviction of tenant by suit in civil Court‑Landlord renting out flab to wife of applicant‑Applicant starting living in flat with his wife and continuing to do so for one and a half years‑ Landlord not objecting to such occupation of applicant‑Basic question: whether in case of tenant vacating house, her tenancy continues or she sub‑lets premises to applicant‑Held, in either case issue could be determined by proceeding under West Pakistan Urban Rent Restriction Ordinance, 1959 and not by suit in civil Court.
‑‑ S. 2 (i) read with Evidence Act (I of 1872), S. 114‑Husband and wife occupying same house‑Held, presumption could be drawn that rent is being paid by husband even though rent receipts may be in name of wife.‑[Obiter].
Khalilur Rehman for Applicant.
N. A. Farooqui for Respondent No. 1.
Date of bearing : 21st January, 1980.
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