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1991 SCMR 1773

AZIZULLAH vs Mst. BAKHT UN NISA

Citation1991 SCMR 1773
CourtSupreme Court of Pakistan
Case No.Civil Petition No.168-R of 1990 Appeal from Order No.1l of 1986
Date1990-05-12
Judge(s)Muhammad Afzal Zullah, Abdul Qadeer Chaudhry
ResultLeave refused

ORDER

ABDUL QADEER CHAUDHRY, J: --Leave to appeal has been sought against the judgment of the Peshawar High Court, dated 3-6-1989 whereby the appeal of the petitioner was dismissed.

2. The facts, in brief, are that the respondent filed an application for the eviction of the petitioner from the premises in dispute on the ground of default. The application was contested by the petitioner. The petitioner raised an objection that there did not exist the relationship of landlord and tenant between the parties. The Rent Controller accepted the application and ordered the eviction of the petitioner. The appeal was dismissed by the District Judge and the second appeal was also dismissed. It was observed by all the Courts that the petitioner had entered into a compromise with the respondent on 14-11-1978 wherein he had admitted the respondent to be her landlord. In para.7 of the written statement, the petitioner has admitted that Fazle Hanan had filed a suit on behalf of the respondent against the petitioner in respect of the house in dispute and by the compromise the rent was increased. Thus the petitioner has admitted the relationship of landlord and tenant between the parties. The case of the petitioner before the Rent Controller was not that he had paid rent to the landlord. There are concurrent findings of fact by all the Courts that there existed relationship of landlord and tenant between the parties. In view of such finding, the petition has no force. The same is dismissed and leave to appeal is refused. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.

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