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1991 SCMR 1724

ALI MUZAFFAR vs TAJ MUHAMMAD And 2 Other

Citation1991 SCMR 1724
CourtSupreme Court of Pakistan
Case No.Civil Appeal No.754 of 1988 Writ Petition No.4515 of 1984
Date1991-05-25
Judge(s)Muhammad Rafique Tarar, Abdul Shakurul Salam
ResultAppeal dismissed

ABDUL SHAKURUL SALAM, J.---This appeal by leave arises in the following circumstances:--

1. Respondent filed an application for the ejectment of the appellant on the ground of default in payment of rent, personal need and damage to the property in dispute. Appellant contested the application by denying the relationship of landlord and tenant between the parties saying that though the property was transferred to the father of the respondent yet the latter had entered into an agreement of association with him on 11-11-1969 and inducted him in the property. He also claimed ownership by adverse possession. Following preliminary issue was framed:-- "1. Whether any relationship of landlord and tenant does exist between the parties? OPA"

After trial, the learned Rent Controller found the issue against the respondent and dismissed the application vide order dated 12-10-1983. Respondent filed an appeal. The learned Additional District Judge, Lahore reversed the finding and remanded the case to the learned Rent Controller for further proceedings. Appellant filed Writ Petition No.4515 of 1984 which has been dismissed by a learned Judge of the Lahore High Court vide order dated 7-2-1988. Hence this appeal.

2. Learned counsel for the appellant contended that the relationship of landlord and tenant did not east between the parties. The learned Judge of the High Court has taken into account the contention of the appellant that he had entered into possession of the premises m dispute by virtue of an agreement of association dated 11-11-1969 but it was conceded before him that the said agreement was not accepted/approved by the Settlement Authorities and the appellant's writ petition as well as Civil Petition for Leave to Appeal in that behalf also failed. The plea of adverse possession was not pressed before the learned Judge. The learned Judge of the High Court also observed that "it may be pertinently observed that according to the evidence of the respondent which the petitioner did not challenge in cross-examination, he was brought on the premises in dispute by the respondent's father in 1961-62. Property in dispute was transferred to the respondent's father on 30-7-1969. It is so stated in the agreement of association copy whereof has been placed on the present record". Therefore, the appellant's status as a tenant is established by virtue of the provisions of section 30 of the Displaced Persons (Compensation and Rehabilitation)

Act, 1958.

3. After hearing the learned counsel for the parties and going through the impugned orders, we find no error to call for interference by this Court. The appeal is therefore, dismissed with costs.

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