1990 PLD 48 LAHORE-HIGH-COURT-LAHORE

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AHMAD SHAH VS BIBI SAKHIAN Cantonments Rent Restriction Act 1963--17 , Cantonments Rent Restriction Act 1963--24 , Ss. 17 & 24 ??? eviction proceedings ??? Landlord failed to prove title to property in clear terms ??? Rent Controller being in doubt as to title of landlord referred the parties to Civil Court ??? Both the parties to rent proceedings had filed suits for declaration of title which were pending adjudication, after the finding of Rent Controller ??? Rent Controller having followed the rule laid down by Supreme Court in Rehmatullah's case reported as 1983 SCMR 1064, was on reasonable and sound footing ??? Appellate Authority failed to follow the rule laid down by Supreme Court and was thus not justified in ordering eviction of tenant?? Appellate Authority's order was set aside and that of Rent Controller restored.