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2000 C.L.R. 830

RESHAM BIBI and another vs ADDL. DISTRICT JUDGE, KHANEWAL and others

Citation2000 C.L.R. 830
CourtSupreme Court of Pakistan
Case No.Civil Petition No. 2235-L of 1999
Date2000-03-20
Judge(s)Rashid Aziz Khan, Sh. Riaz Ahmad
ResultN/A

RASHID AZIZ KHAN, J.-- Facts leading to the tiling of this petition are that respondents Nos. 2 to 4 had tiled a petition for ejectment against the petitioners. The petitioners contested the ejectment petition on the ground that relationship of landlord and tenant did not exist. The other issue of default in payment of rent was not touched. The respondents filed an appeal which was accepted and case was remanded to the Trial Court for decision in the light of observations given by the "Appellate Court. The petitioners challenged the appellate Court's order by filing a writ petition which was dismissed by a learned Judge in chambers on 26.10.1999. In the present petition, judgment of the learned Judge in chambers has been impugned.

2. Learned counsel for the petitioners contended that the petitioners were in possession of the property in dispute since partition and never paid rent to any one nor any body has claimed rent till filing of the petition. It was argued that the respondents have failed to establish their ownership of the property.

3. We have heard the learned counsel at length and gone through the file. The learned counsel has argued the case on merits but did not address us as far the issuance of P.T.D. In favour of predecessor-in-interest of respondents Nos. 2 to 4 is concerned. The case has been remanded to the learned Trial Court. The petitioners would be at liberty to take up any point, they wish in their defence. We have not been able to find anything which could prompt us to interfere with the remand order. Resultantly, the petition fails which is dismissed.

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