2001 YLR 939 LAHORE-HIGH-COURT-LAHORE

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MUHAMMAD AMJAD VS REHANA KAUSAR 1987 MLD 3263, 1999 MLD 1342, PLD 1991 SC 242, Second Appeal--TERM , ----Ss. 2(e)(i), 13 & 15(6)---Second appeal-- Landlord and tenant, relation of -- Determination---Pendency of suit for specific performance between the father of the tenant and landlady---Effect---Neither there was any lease agreement or rent note between the parties, nor tenant had ever paid any rent to the landlady---Possession of the premises was also not handed over to the tenant by the landlady---Rent Controller having found absence of relationship of landlord and tenant between the parties dismissed the eviction application filed by the landlady-- Lower Appellate Court reversed the findings of the Rent Controller and allowed the eviction application directing the tenant to vacate the shop in question---Validity---In terms of definitions of landlord and tenant as envisaged in S.2(c) & (i) of West Pakistan Rent Restriction Ordinance, 1959 sale agreement between landlady and father of the tenant had no relevancy---No dispute of title between the parties existed and from the evidence it was proved that the respondent was neither the landlady nor the appellant was the tenant of the shop in dispute---Order passed by the Lower Appellate Court was set aside and that of the Rent Controller was restored---Appeal was allowed in circumstances.