2015 YLR 595 LAHORE-HIGH-COURT-LAHORE

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MANZAR SHAH alias MANZAR HUSSAIN NAQVI VS Ch. SHAFQUAT HUSSAIN 1999 SCMR 1881, 2005 CLC 1700, 2005 MLD 1232, 2010 CLC 1557, 2011 MLD 1484, 2011 SCMR 1813, Constitutional petition--TERM , Default in payment of rent--Term , Ejectment of tenant--Term , West Pakistan Urban Rent Restriction Ordinance 1959--13 , S. 13---Constitution of Pakistan, Art. 199--- Constitutional petition---Ejectment of tenant---Default in payment of rent---Denial of relationship of landlord and tenant by the tenant---Scope---Contention of tenant was that he was tenant of brother of landlord---eviction petition was accepted concurrently---Validity---Tenant could not produce any document in favour of brother of landlord on the basis of which he could be presumed to be owner of demised premises---Litigation between landlord and his brother could neither change the scene that landlord was owner of demised premises nor same could give any right to the tenant to ask the landlord to bring a clearance certificate from the court---Landlord was owner of demised premises and mere filing of suit against him did not deprive him from such status until and unless proved otherwise---Tenant had contumaciously denied the relationship of landlord and tenant and became a party to the litigation between two brothers and tried to get undue benefit from such litigation---Tenant had failed to prove the alleged rent agreement with the brother of landlord---Rent Controller was not supposed to decide the ownership of demised property---No gross illegality, irregularity, jurisdictional defect or mis-reading and non-reading was pointed out in the impugned judgments passed by the courts below---Constitutional petition was dismissed in circumstances.