1993 CLC 277 LAHORE-HIGH-COURT-LAHORE

Full text

GULZAR AHMAD VS ADDITIONAL DISTRICT JUDGE, JHANG West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959 ----S. 13---Ejectment---Tenant denying title of landlord and making attornment to holder of paramount title---Effect---Tenant having been inducted into possession of premises in question, by landlord, after constructing the same could not deny landlord's title---Tenant could not put tenancy to an end under his landlord by attorning in favour of holder of paramount title except when it would be necessary to save himself from ejectment from the premises---In such case, however, it must be shown that tenant had acted under compulsion and imminent threat of eviction---In absence of such eventuality, voluntary attornment by tenant in favour of holder of paramount title could not destroy the tenancy between him and his landlord---No execution application was pending before Rent Controller at the time when tenant attorned to paramount title holder nor any process of ejectment had been issued---Mere pendency of application for taking action against landlord for contempt of Court did not constitute sufficient basis for enabling tenant to enter into agreement of tenancy with paramount title holder directly---During course of execution proceedings .against tenant, paramount title holder's objection petition that he was the landlord of the tenant, was rejected on merits and that order attained finality for having not been challenged by him---Tenant could not re-agitate same question again---Tenant was not found entitled to any relief in circumstances.