2010 SCMR 473 SUPREME-COURT

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SHAMSHAD VS ARIF ASHRAF KHAN Ejectment of Tenant--TERM , Proof--TERM , West Pakistan Urban Rent Restriction Ordinance 1959--13 , S. 13---Ejectment of tenant---Subletting of premises---Proof---Pleadings and evidence---Contradictions---Name of sub-tenant mentioned in notice issued by landlord was different than that mentioned in ejectment petition---Effect---There was contradiction in ejectment application itself as well as in oral evidence when landlord entered into witness box orally stating that premises had not been sub-let to the person nominated in ejectment application, therefore, landlord failed to establish issues of subletting against tenant---Supreme Court set aside eviction order and dismissed ejectment application---Appeal was allowed.