2013 CLC 649 LAHORE-HIGH-COURT-LAHORE

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SAEED AHMAD VS ADDITIONAL DISTRICT JUDGE, MULTAN 2001 SCMR 798, 2004 SCMR 1719, 2009 SCMR 45, 2010 YLR 203, Constitutional petition--TERM , Ejectment of Tenant--TERM , Excise and Taxation record--Term , Proof--TERM , West Pakistan Urban Rent Restriction Ordinance 1959--13 , S. 13---Constitution of Pakistan, Art. 199---Constitutional petition---Ejectment of tenant---Landlord and tenant relationship---Proof---Excise and Taxation record---Ejectment application filed by landlord was dismissed by Rent Controller on the ground that relationship of landlord and tenant was not proved---Lower Appellate Court reversed the findings of Rent Controller and passed eviction order against tenant---Plea raised by tenant was that documents of Excise and Taxation Department about payment of property tax were not sufficient to prove relationship of landlord and tenant between parties---Validity---Though documents of Excise and Taxation Department might not be conclusive evidence to establish relationship of landlord and tenant but at the same time those were not totally irrelevant as the documents indicated ownership and payment of property tax---Oral as well as documentary evidence produced by landlord in shape of sale deed, documents of Excise and Taxation Department regarding payment of property tax of house in question and utility bills of house proved that landlord had ownership in respect of the house and petitioner was tenant under him---Tenant could not take advantage of position to frustrate eviction proceedings on the pretext that property owned by landlord was not determinable, particularly when he himself could not prove his title and there was no other claimant of ownership of the property---High Court declined to interfere in eviction order passed by Lower Appellate Court against tenant---Constitutional petition was dismissed in circumstances.