MUSHTAQ AHMAD vs FAYAZ S — 2021 MLD 1410 PESHAWAR-HIGH-COURT

Case information

Citation: 2021 MLD 1410 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2021
Reporter: MLD
Parties: MUSHTAQ AHMAD vs FAYAZ S
Subject matter: Civil
Provisions referred to: S. 13---E

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

MUSHTAQ AHMAD VS FAYAZ S.13---Eviction of tenant---Relationship of landlord and tenant---Scope---Petitioner/landlord assailed the concurrent dismissal of his ejectment petition---Validity---Landlord had not mentioned in his petition as to when the possession of disputed house was handed over to the respondent as a tenant---Landlord had admitted in his cross-examination that no tenancy agreement was signed between him and tenant, however, stated that it might be with his father---Tenant in his statement had produced a deed whereby it was alleged by him that his father had purchased the disputed house---Landlord had to prove the existence of relationship of tenant and landlord through cogent, reliable and convincing evidence---Not a single evidence was available on record which could show that the landlord had ever received monthly rent from the tenant---Payment of rent was a sine qua non for the relationship of landlord and tenant---Constitutional petition of landlord was dismissed.

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