2012 YLR 2892 LAHORE-HIGH-COURT-LAHORE

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ABDUL GHANI VS MUHAMMAD YASIN Ejectment of Tenant--TERM , West Pakistan Urban Rent Restriction Ordinance 1959--13-A , West Pakistan Urban Rent Restriction Ordinance 1959--13 , Ss. 13 & 13-A---Ejectment of tenant---Illegal possession---Relation of landlord and tenant---Scope---Landlord sought recovery of possession of premises from tenant on the ground of default in payment of monthly rent---Rent Controller and Lower Appellate Court concurrently dismissed ejectment application and appeal filed by landlord on the ground that relation of landlord and tenant did not exist as landlord had himself stated the tenant as illegal occupant of premises---Validity---Landlord out of frustration, when he was neither getting any rent from tenant nor possession of rented premises, could term person in possession as encroacher or in illegal possession of suit property---Claim of tenant in order to give protection of his possession over suit property was only an agreement to sell, which did not create any title 'under the law---Requirement of 'issuance of notice under S. 13-A of West Pakistan Urban Rent Restriction Ordinance, 1959, in case of change of ownership was only meant to determine default in payment of rent by tenant-4n case of non-issuance of such notice, previous default could not be alleged against tenant but by act of non-issuance of such notice, title of new landlord would not become defective---Landlord proved existence of relationship of landlord and tenant successfully and when it was denied by tenant in ejectment petition, the moment such relationship was proved to be in existence, necessary consequence was nothing but to pass. eviction order against tenant---Judgments passed by two courts below, were result of illegality and the same were declared to have been passed without jurisdiction and of no legal effect---High Court set aside judgments and decrees passed by two courts below and allowed ejectment petition filed by landlord---Appeal was allowed in circumstances.