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Civil Petition No. 1188 of 1981, decided on 9th May, 1983.
(On appeal from the judgment, dated 1lth November; 1981 of the Lahore High Court in Writ Petition No. 10134 of 1980).
---Art.185(31‑‑West Pakistan Urban Rent Restriction Ordinance (VI of 1959), S. 13‑Fundamental issue in connection with question whether relationship of landlord and tenant existed between parties was whether tenant executed rent deed in question‑High Court and appellate Court without adverting to fundamental question discarding rent deed on ground that there were discrepancies in evidence of landlord on point as to place of execution of rent deed and such other defects‑Held, grounds taken by High Court and appellate Court were hardly of any significance if it was found that tenant had indeed executed rent deed‑‑Question requiring further considera tion‑Leave to appeal granted.
Kh. Muhammad Farooq, Advocate Supreme Court and S. Inayat Hussain, Advocate‑on‑Record for Petitioners.
Nemo for Respondents.
Date of hearing : 9th May, 1983.
The petition for ejectment filed by the predecessor‑in‑interest of the petitioners herein has failed on the ground that the Courts below were of the view that the latter had not been able to establish that respondent No. 1 was his tenant.
The fundamental issue in connection with the question whether the relationship of landlord and tenant existed between the parties was whether respondent No. 1 had executed the rent deed in question. The Rent Controller had held that he had done so, but the Additional District Judge and the High Court without adverting to this question thought it fit to discard the rent deed on the ground that there were discrepancies in the evidence of the landlord on the point as to place of its execution and some such other defects.
We feel that the above circumstances were hardly of any significance if it was found that the respondents had indeed executed the rent deed. .
The case requires further consideration.
Leave granted.
Security Rs. 2,500.
M. Z. M.
Leave granted.
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