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KHADIM HUSSAIN versus MST. FAROOQA GUL


Section 13 Tenant's Expulsion Not being a tenant of a landlord, false tenant found, cannot be allowed to refuse approval and response and exclude known evidence so that proof of this Don't be

1981 C L C 15

[Peshawar]

Before Muhammad Sardar Khan, J

KHADIM HUSSAIN AND 4 OTHERS‑Appellants

versus

Mst. FAROOQA GUL‑Respondent

Second Appeal from Original Order No. 69 of 1979, decided on 11th June, 1980.

(a) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)‑

‑‑‑ S. 13‑Ejectment‑Plea of tenant as to his not being a tenant of landlord found false‑Tenant, held, cannot be permitted to approbate and reprobate and precluded from leading evidence to show his being not in default.

Nisar Ahmad v. Nazar Muhammad P L D 1974 Lah. 489 ; Muhammad Ismail v. Israr Ahmad P L D 1961 Lah. 601 ; Mehdi Hassan v. Ghulam Muhammad etc. P L D 1964 Lah. 648 and 1lyas Dobash v. Muhammad lqbal P L D 1960 Lah. 1112 ref.

(b) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)‑‑

---S. 13‑Ejectment‑Tenant for no good and valid reasons denies being a tenant and admits to have not paid rent, or sets up no plea as to default having been committed by him in such circumstances as would not make him liable to eviction, or record shows no rent having been paid by him, Rent Controller in such case, held, can justifiably pass an order of his ejectment.

Nooruddin and another v. Muhammad Qasim 6 others P L D 1976 Kar. 921 ref.

Muhammad Akhtar Khan for Appellants.

Abdul Sattar Khan for Respondent.

Date of hearing :10th June, 1980.

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