2004 CLC 582 PESHAWAR-HIGH-COURT

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ABBAS KHAN VS HAFEEZ-UR-REHMAN Constitution of Pakistan 1973--199 , West Pakistan Urban Rent Restriction Ordinance 1959--13 , ----Ss. 2(c) & 13---Constitution of Pakistan (1973), Art.199--Constitutional petition ---Ejectment of tenant---Relationship of landlord and tenant---Proof---Tenants denied existence of such relationship on the ground that the land beneath the shops was not owned by the landlord--Rent Controller allowed the ejectment application and eviction order passed against the tenants was maintained by the Appellate Court--Validity---Record showed that agreement deeds, rent deeds and affidavits were, executed and the tenants had been regularly making payment of rents to the landlord who was owner of the disputed premises---Tenants could not deny title of landlord at such stage and refuse payment of rent---Plea was raised with the purpose to escape liability