2021 CLC 623 LAHORE-HIGH-COURT-LAHORE

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Mrs. AZRA RIAZ VS ADDITIONAL DISTRICT JUDGE S.19---eviction petition---Scope---Petitioner sought eviction of tenant and sub-tenant on the ground of default in payment of rent---Ejectment petition was contested by sub-tenant by filing an application for leave to contest wherein he asserted that he was occupant of the premises as tenant but not for the petitioner rather of another person (alleged owner)---Trial Court directed the sub-tenant to vacate the demised premises---Appellate Court, on an appeal filed by sub-tenant, remanded the case to Trial Court for decision afresh, after framing additional issues concerning relationship of landlord and tenant---Validity---Petitioner was owner/landlord of the property on the basis of two registered gift deeds in her favour---Alleged owner had not produced the original instrument through which his title to the property was accrued rather he had failed to prosecute his lis and his application under O.I, R.10, C.P.C., which was dismissed by the Trial Court---No valid ground and justification existed for the appellate Court to remand the case to the Trial Court when title of the petitioner qua the property in dispute was clear and unchallenged in all respects---Constitutional petition was allowed, order passed by appellate Court was set aside and that of Trial Court was upheld.