1989 MLD 3821 LAHORE-HIGH-COURT-LAHORE

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ABDUR RAOOF VS GULZAR BCGUM Cantonments Rent Restriction Act 1963--17 , Cantonments Rent Restriction Act 1963--2 , Cantonments Rent Restriction Act 1963 ---Ss.2(g)(j) & 17--Relationship of landlord and tenant--Tenant/Appellant had denied existence of relationship of landlord and tenant, but Rent Controller holding that such relationship between parties having stood proved on record, ordered forthwith eviction of appellant--Attorney of respondent admitted in cross-examination that name of appellant stood recorded as owner, while name of respondent did not appear in said record as owner and that property tax of disputed premises was also paid by appellant and not by respondent--Attorney further admitted that he had no evidence with him to show that appellant was a tenant in house in dispute and further admitted that transfer of house in dispute in favour of original transferee from whom same was purchased by respondent, subsequently was cancelled from his name--Such admissions coming from mouth of Attorney for respondent, held, were sufficient to decide issue as to existence of relationship of landlord and tenant against respondent and in favour of appellant--Finding of Rent Controller arrived at as a result of misreading of evidence on record thus could not sustain.