2013 YLR 1881 LAHORE-HIGH-COURT-LAHORE

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MUHAMMAD PARVEZ VS ADDITIONAL RENT CONTROLLER, LAHORE 1983 SCMR 534, 1986 SCMR 1267, 1988 SCMR 250, 2004 MLD 1395, 2006 SCMR 1068, 2011 SCMR 320, Cantonments Rent Restriction Act 1963--17 , Civil Procedure Code --Order I of C.P.C. Parties to Suits--10 , Constitutional petition--TERM , Eviction of tenant--TERM , Recovery of possession--Term , Specific Relief Act 1877--42 , S.17---Specific Relief Act (I of 1877), S.42---Civil Procedure Code (V of 1908), O.I, R.10---Constitution of Pakistan, Art.199---Constitutional petition---eviction of tenant---Recovery of possession---Denial of relationship as tenant---Application by subsequent purchaser to be impleaded as party in eviction proceedings---Rent Controller accepted application of subsequent purchaser and impleaded him as party---Effect---If a tenant denied the relationship of the landlord and tenant he should first vacate the premises in his possession and then contest his proprietary rights---Tenant remained a tenant, he could not prolong his occupation by exercising his right of being subsequent purchaser unless so held by the court of competent jurisdiction---Tenant had no status to justify his possession and if he denied the relationship of landlord and tenant he would be an illegal occupant---Ejectment proceedings were between land owner and tenant and entry or interference by the third party was to be jealously guarded---Constitutional petition was allowed---Application filed by the subsequent purchaser was dismissed.