GHULAM RASOOL vs TARIQ MAHMOOD S — 2021 YLR 1474 PESHAWAR-HIGH-COURT

Case information

Citation: 2021 YLR 1474 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2021
Reporter: YLR
Parties: GHULAM RASOOL vs TARIQ MAHMOOD S
Subject matter: Civil
Provisions referred to: S. 13---C; S. 12; Civil Procedure Code (V of 1908)

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

GHULAM RASOOL VS TARIQ MAHMOOD S. 13---Civil Procedure Code (V of 1908), S. 12(2)---Eviction of tenant---Bar to further suits---Failure to pay rent---Scope---Respondent's application for eviction of tenant was allowed and during the execution proceedings, petitioner stepped in the court with an application under S.12(2), C.P.C. claiming to be tenant of the demised premises since 1940 as before him, his father was tenant in the demised premises---Courts below concurrently dismissed the application of petitioner---Validity---Petitioner had produced some paid electricity and gas bills in support of his version but the electricity bill portrayed the number of shop other than the demised premises and the gas bill did not contain any shop number---Petitioner did not produce any recent rent receipt as to the payment of rent and only produced two receipts which were twenty five years old---Said receipts could not be taken as conclusive proof of continuation of the tenancy---Petitioner took plea that the respondent stopped receiving rent from him for the last three years but he did not pay rent through money order or through any other permissible means---High Court observed that even if the petitioner was impleaded in the eviction petition he would be evicted from the demised premises on the basis of default in payment of rent---Petitioner had failed to point out any illegality, irregularity or jurisdictional defect in the concurrent findings of law and fact of the forums below---Constitutional petition was dismissed in limine.

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