2011 CLC 1564 LAHORE-HIGH-COURT-LAHORE

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Mst. SHAMSHAD BEGUM VS AKHTAR HUSSAIN ANJUM PLD 1968 SC 140, PLD 1969 SC 136, Ejectment of Tenant--TERM , Second Appeal--TERM , West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959--22 , Ss. 13 & 22---Second appeal---Ejectment of tenant---Title, determination of---Tenant denied relationship of landlord and tenant but Rent Controller allowed the application and passed eviction order---Lower Appellate Court reversed the findings and dismissed ejectment application---Validity---Lower Appellate Court did not rebut findings recorded by Rent Controller but travelled beyond its jurisdiction while going into the matter of ownership of the property in question---During pendency of appeal landlord died and his legal heirs were impleaded as party in which his son for which the tenant took the plea that said son of landlord was in possession of rented premises also became party---Nigh Court set aside the judgment passed by Lower Appellate Court and that of Rent Controller was restored---Second appeal was allowed in circumstances.