2007 PLP 10 (CLC)
SUI NORTHERN GAS PIPELINES LIMITED through Deputy Chief Law Officer (Authorised Attorney) — Appellant Versus Mst. GHAZALA BUTT and another — Respondents
| Citation | 2007 PLP 10 (CLC) |
| Forum / Court | Lahore |
| Bench Members | N/A |
| Parties | SUI NORTHERN GAS PIPELINES LIMITED through Deputy Chief Law Officer (Authorised Attorney) — Appellant Versus Mst. GHAZALA BUTT and another — Respondents |
| Primary Law | Cantonments Rent Restriction Act (XI of 1963) |
Q1: What are the key laws and sections cited in 2007 PLP 10 (CLC)?
This judgment primarily cites: Cantonments Rent Restriction Act (XI of 1963) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2007 PLP 10 (CLC)?
The case was heard and decided by the Lahore bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2007 PLP 10 (CLC) (SUI NORTHERN GAS PIPELINES LIMITED through Deputy Chief Law Officer (Authorised Attorney) — Appellant Versus Mst. GHAZALA BUTT and another — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Mian Zafar Iqbal Kalanauri for Respondents.
Headnotes / Summary
S. 17
Relationship of landlord and tenant, denial of
Tenant claimed that suit-land belonged to husband of land lady who being a employee of tenant company had rented out the suit property, however, the rent deed was got executed in the name of his wife
Record showed that husband had been declared owner of suit land by Courts below while the lady was declared only a Benamidar
Divorce having taken place between the couple, lady therefore, had lost her title to the suit property
No relationship of landlord and tenant existed between the parties, in circumstances.
Judgment & Decree
MIAN SAQIB NISAR, J.
Both the appeals (F.A.O. No.122 of 2004 and F.A.O. No.116 of 2004), are being decided together as these are connected matters.
2. Respondent No.1 Mst. Ghazala Butt, brought an ejectment petition against the appellant (Sui Northern Gas Pipelines Limited) claiming that she had rented out the property to it and that the appellant has defaulted in the payment of rent and she required the property for her personal need. The appellant denied the relationship of tenancy and took up the plea that Ishtiaq Ahmad Qureshi, the then husband of respondent No.1 was the employee of the Sui Northern Gas Pipelines Limited and was entitled to rental premises, thus, he rented out the suit property, which was in the name of his wife Mst. Ghazala Butt and that there is no relationship of tenancy between the appellant and respondent No.1.
3. Ishtiaq Ahmad Qureshi also filed an application to be impleaded as party in this matter, which was allowed and he was accordingly arrayed as respondent No.2. However, after conducting the trial, the learned Additional Rent Controller, allowed the ejectment petition on the ground that Ghazala Butt is the owner of the property and under an agreement of tenancy, the same was rented out to the Sui Northern Gas Pipelines Limited. It may be pertinent to state here that the divorce took place between Ishtiaq Abroad Qureshi and Mst. Ghazala Butt; Ishtiaq Ahmad Qureshi has already filed a suit for the declaration claiming that the property in question is Benami in the name of respondent No. 1 and that he is the actual and real owner of the property; the said suit was contested by respondent No.1. Admittedly, the suit has been decreed by the learned trial Court; the appeal of respondent No.1 was dismissed and her revision petition before this Court has also failed.
4. Heard. When respondent No.2 has been declared to be the owner of the property and respondent No.1 a Benamidar, therefore, in the circumstances, she has lost her title to the suit property with the consequences that it has been proved that respondent No.2 Ishtiaq Ahmad Qureshi was the owner of the suit property and being entitled to the rented premises as employee of the Sui Gas Department, this property was acquired by him on rent and only for the purpose of covering the position, the rent deed was got executed in the name of his wife Mst. Ghazala Butt. Resultantly, these appeals are allowed; the impugned orders passed by the learned Additional Rent Controller are set aside and it is held that no relationship of tenancy existed between Mst. Ghazala Butt and the Sui Northern Gas Pipelines Limited. F.B./S-177/L Appeal allowed.