Pakistan Case Law
1996 SCMR 1962

NANNAH KHAN Versus BASHIR AHMED

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Citation1996 SCMR 1962
CourtSupreme Court of Pakistan
Case No.Civil Petition for Leave to Appeal No.1180/L of 1993
Date1995-01-23
Judge(s)Ajmal Mian and Fazal Karim
Authored byAjmal Mian
ResultLeave refused

ORDER

AJMAL MIAN, J.--- This is a petition for leave to appeal against the order dated 15-8-1993 passed by a learned Single Judge of the Lahore High Court in Writ Petition No.8681 of 1993 filed by the ~ petitioner against the concurrent judgments of the two Courts below holding that there was relationship of that landlord and tenant between respondent No.1 and the petitioner and granting ejectment on the ground of default, dismissing the same. The petitioner has, therefore, filed the present petition for leave to appeal.

2. In support of the above petition, Ch. Irshad Ahmed Virk, learned Advocate Supreme Court appearing for the petitioner, has vehemently contended that factually the petitioner had taken on rent a piece of land from respondent No.1's father and that he raised construction thereon and, therefore, there was no relationship of that landlord and tenant between the parties. His further submission is that the concurrent finding of the two Courts on the question of relationship of landlord and tenant was not warranted by the record and that the learned Judge in Chambers erred in not interfering with the above concurrent finding.

3. We have gone through the judgments of the Courts below and we find that the learned Rent' Controller has relied upon oral as well as documentary evidence for concluding that there was relationship of the landlord and tenant between the parties. The petitioner failed to produce any documentary evidence to- substantiate that factually he had raised the construction. In our view, the concurrent finding of the two competent Courts has not been rightly interfered with by the learned Judge in Chambers. Leave is refused.

A.A./N-421/S Leave refused.

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