2005 CLC 594 LAHORE-HIGH-COURT-LAHORE

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PERVAIZ VS AMIR AZIZ 2004 SCMR 595, West Pakistan Urban Rent Restriction Ordinance 1959--13-A , West Pakistan Urban Rent Restriction Ordinance 1959--13 , --Ss. 13 & 13-A---Bona fide personal need of landlord---Change of ownership of property---Relationship of landlord and tenant---Contentions of the tenant were that no property number was given in the eviction application nor in the sale-deed (through which the ownership was changed), as such the property was not identifiable; that boundaries of the shop given in the ejectment petition did not coincide with the boundaries given in the sale-deed; that there was no relationship of landlord and tenant between the parties; that neither the vendors nor the original sale-deed were produced in the evidence; that when the identity of property was not clear the ejectment could not be ordered and that after the close of the evidence of the tenant, landlord was allowed to produce documentary evidence, but no opportunity was granted to tenant to rebut the same---Validity---Held, record showed that description of the property given in the eviction application and the site-plan appended with the same did tally with the description of the shop given in the sale-deed---Sale-deed showed that the shop in question was situated in front of a specified shop and site-plan confirmed the same---Sale-deed also revealed that behind the shop in dispute there was a specified shop which was found to be correct according to the site-plan---Site-plan and the boundaries given in the eviction application also coincided; on one side of the shop in question was shown a particular shop and main Bazar was also shown and on fourth side the lane was also present---No discrepancy in the description of shop in the sale-deed and the eviction application/site-plan having been found by the High Court, contentions of the tenant were repelled---Tenant, in circumstances, was directed to handover the possession of the shop to landlord accordingly.