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2010 YLR 1184 QUETTA-HIGH-COURT-BALOCHISTAN

Balochistan · 2010

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GUL WALI VS WIDOW OF SHEIKH GHULAM NABI 1984 CLC 2835, 2001 CLC 1819, PLD 1996 Pesh. 8, Ejectment of Tenant--TERM , West Pakistan Urban Rent Restriction Ordinance 1959--13 , S.13(6)--- Ejectment of tenant---Striking off defence---Tentative rent order---Denial of relationship of landlord and tenant---Tenant assailed eviction order passed by Rent Controller on the ground that on denial of relationship of landlord and tenant, tentative rent order could not be passed and defence could not have been struck off---Validity---Tenancy was not disputed and documents referred by landlords proved that they were landlords---Rent Controller did not commit any illegality by passing tentative rent order and it was obligatory upon the tenant to comply with the order ,of Rent Controller---In case of decision of issue in respect of non-existing of relationship of landlord and tenant between the parties, rent deposited in court would automatically be refunded to the tenant--High Court declined to interfere in eviction order passed by Rent Controller---Appeal was dismissed in circumstances.