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ABDUL HAMID versus GHULAM SAMDANI


Ordinance 2 (c) (i), 13 and 15 of the West Pakistan Citizen Rent Restriction Order, 4 and 15, the relationship of the landlord and the tenant appellant / alleged tenant, admits that 4id did not pay any rent to the respondent, Has claimed itself as the owner and landlord in the dispute. On the basis of the registered sale deed executed between him and the original landlord, the respondents never issued any notice to the appellant to demonstrate that he was a tenant under it and did not claim rent from it. That the property on the occasion is with the appellant as the original landlord / tenant of the appellant filed the application under Section 12 (2), CPC, in connection with the title to the original landlord in connection with the house. It was the challenge that the civil court still had to decide, even if it was considered that the defendant was lawful. The premises owner, by itself, was not sufficient to show that the appellant was a tenant under it. The tenancy was a separate fact, which Evans had to independently prove through evidence. Appellant failed to produce such evidence. Wrongly believed to be a tenant under respondents, the order governing the rent by the rent controller kept the situation separate.

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