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1995 MLD 1371 LAHORE-HIGH-COURT-LAHORE

Punjab · 1995

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ABDUL HAMID GHAFFARI VS ZUBAIDA IHSANUL HAQ Qanun-e-Shahadat Order 1984--115 , ----S.13---Qanun-e-Shahadat (10 of 1984), Art. 115---Landlord and tenant, relationship of---Tenant while denying such relationship produced no evidence that such relation had ceased to exist---Tenant having once been inducted into premises by landlord could not subsequently deny his title; only exception to such concept of estoppel was when there was notice of eviction by any third person who happened to be the real owner---Relationship of landlord and tenant in that eventuality would come to an end---Threat/notice of eviction from real owner would constitute symbolic eviction of tenant by real owner which would bring to an end relationship of landlord and tenant which was protected by Art. 115, Qanun-e-Shahadat, 1984---Denial of relationship of landlord and tenant on wholly contumacious and frivolous grounds would culminate into resumption of tenancy on the principle of forfeiture of tenancy---Tenant's eviction from premises on such account was thus, justified and warranted.