2020 SCMR 1816 SUPREME-COURT

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LIAQAT ALI VS FAYASUDDIN Ss. 3 & 15---eviction petition---Landlord and tenant, relationship of---Subject premises, which was Evacuee Trust property, was allotted to the respondent, who inducted the petitioner as a tenant in the same---Subsequently Evacuee Trust Board cancelled the Permanent Transfer Deed (PTD) in favour of respondent and the issue went into litigation---Question as to whether after cancellation of PTD in favour of respondent, the relationship of landlord and tenant remained between the parties---Held, that admittedly the petitioner was inducted as tenant in the premises by the respondent, who was owner at that time---Although the PTD in favour of respondent may have been cancelled but such fact alone was not sufficient to make the petitioner a tenant of Evacuee Trust Property Board as the matter regarding cancellation of PTD was in dispute between the respondent and Evacuee Trust Property Board and was pending before the relevant forum---Petition for leave to appeal was dismissed and leave was refused.