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1991 SCMR 1209

Mian MUHAMMAD SAEED vs MUHAMMAD MANSOOR ALI KHAN And Other

Citation1991 SCMR 1209
CourtSupreme Court of Pakistan
Case No.Civil Petition No.897 of 1989 Writ Petition No.1944 of 1989
Date1990-01-17
Judge(s)Ghulam Mujaddid Mirza, Abdul Shakurul Salam
ResultPetition dismissed

ORDER

ABDUL SHAKURUL SALAM, J.---Petitioner seeks leave to appeal against the judgment of the learned Lahore High Court, dated 8-4-1989 whereby his Constitutional Petition was dismissed against the orders of his ejectment by the competent and appellate authority dated 7-9-1987 and 8-3-1989 respectively, for default in payment of rent.

2. The only point urged before the High Court and reiterated is that the shop of which the petitioner is a tenant, was situated on land vesting in the Provincial Government and the respondents were not its owners.

3. The contention was repelled by the learned High Court on the ground that "ownership is not a prerequisite for seeking ejectment of a tenant, rather section 2(c) of the Punjab Urban Rent Restriction Ordinance, 1959 contemplates such a petition on behalf of a person who is entitled to receive rent." It had been found as a fact that the petitioner had earlier been paying rent to the respondents. Thus, the relationship of landlord and tenant was established. The Ordinance allowed riling of an application by a. Landlord for ejectment of a tenant on r specified grounds. The learned High Court was quite right in interpreting the relevant provisions of the law. The petition is, therefore, dismissed. 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.

Cited by 2 cases

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