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Second Rent Appeal No. 286 of 1975, decided on 19th December, 1978.
‑‑ S. 13‑Eviction‑Dispute existing between parties not only as to quantum of rent but also on question whether rent paid or not but no issue struck on point of default in payment of rent‑Tenant's defence struck off merely on finding of existence of relationship of landlord and tenant between parties‑Eviction orders set aside and case remanded for decision on merits.‑[Nisar Ahmad v. Nazair Muhammad P L . D 1974 Lah. 489 dissented from].
Muhammad Yasin v. Fateh Muhammad P L D .1975 Kar. 616 and Nooruddin v. Muhammad Qasim P L D 1976 Kar. 921 ref.
Nisar Ahmad v. Nazair Muhammad P L D 1974 Lab. 489 dissented from.
‑‑ S. 13‑"Rent"‑Water charges or electricity charges deemed to be rent for purposes of S. 13 of Ordinance only where payable to landlord.[(Words and phrases].
‑‑ S. 13‑"Rent"‑Taxes and assessment, held, do not fall within ambit of "rent" for purposes of S. 13 of Ordinance.
Niazi A. Khaliq for Appellant.
M. Hussain Adil Khatri for Respondent.
Date of hearing : 19th December, 1978.
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