2011 YLR 2977 LAHORE-HIGH-COURT-LAHORE

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WAHEED UZ ZAMAN KHAN VS Syed HASSAN RAZA BUKHARI 1982 SCMR 1056, 1984 SCMR 446, PLD 1976 SC 781, PLD 1991 SC 242, PLD 1999 SC 1101, PLD 2003 Lah. 389, Agreement to Sell--TERM , Constitutional petition--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---Agreement to sell---Rent Controller allowed ejectment application filed by landlord but Lower Appellate Court relying on agreement to sell in favour of tenant held that no relationship of landlord and tenant existed between the parties, resultantly ejectment application filed by landlord was dismissed---Validity---Lower Appellate Court while taking a converse view than the view of Rent Controller did not appreciate legal position and had just relied upon the term 'possession' mentioned in the agreement to sell, to dismiss ejectment petition---Lower Appellate Court also could not make distinction between possession as tenant and possession of a person as owner over property in dispute---Lower Appellate Court should have been mindful of the fact that tenant might become an owner of property in dispute if he could have succeeded in getting title of document executed in his favour, which could be a sale-deed---Till the time of execution of sale-deed, status of tenant was of a tenant in possession of rented premises---Findings of Lower Appellate Court on the issue of possession was based upon mis¬appreciation of law and non-reading of material facts borne out of the record, as such were liable to be set aside---High Court declared the order passed by Lower Appellate Court as illegal and of no legal consequence and set aside the same and restored eviction order passed by Rent Controller---Petition was allowed in circumstances.