1990 SCMR 375 SUPREME-COURT

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AHSANUZ ZAMAN VS MUHAMMAD SALEEM Constitution of Pakistan 1973--185 , S.13---Constitution of Pakistan (1973), Art.185(3)---Landlord and tenant, relationship of---Courts below had adjudged petitioner to be the tenant under contesting landlord---Question whether petitioner was a tenant under respondent was one of fact---Petitioner had not disputed that he had been paying rent to previous landlord and had also sent a money order to present landlord by way of rent---In reply to landlord's notice which he had sent to petitioner after purchasing the shop, petitioner had clearly admitted that he was occupying the shop as a tenant under the former landlord---Sufficient evidence thus was available before Rent Controller and Appellate Court to hold that relationship of landlord and tenant existed between the parties---Petitioner had not claimed to be not a defaulter in the payment of rent---Petitioner's eviction was thus rightly ordered---Leave to appeal was refused.