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Haji UMAR vs MUHAMMAD FAROOQ MOTAN Ss — 2022 CLC 1936 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2022 CLC 1936 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2022
Reporter
CLC
Parties
Haji UMAR vs MUHAMMAD FAROOQ MOTAN Ss
Subject matter
Constitutional

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

Haji UMAR VS MUHAMMAD FAROOQ MOTAN Ss.2(h), 2(g), 10(1) & (3)---Eviction petition---Demised premises---Personal need of landlord---Default in payment of monthly rent----Burden to prove---Rent petition was filed by petitioner against respondent for eviction from a godown---Respondent admitted that he was a tenant of the petitioner, but denied all the averments made by the petitioner---Rent petition was dismissed by Rent Tribunal---Petitioner filed an appeal before Appellate Court---Appellate Court dismissed appeal of the petitioner---Held, that rent receipts for different periods produced by respondent showed that in some of them godown was mentioned while the rest were issued in respect of a shop---In cross-examination ,petitioner had admitted that there was no written rent agreement between the parties and he had not filed or produced any document to establish that the demised premises were let out to respondent for the purpose of a godown---Petitioner had failed to discharge the burden to prove his assertion---If there was any such conversion by respondent, petitioner would have been deemed to have acquiesced in such conversion in view of his long and unexplained silence for twenty four years---Case in hand was not only of mis-reading and non-reading of evidence by both the Courts below ,but also a case wherein findings on the questions of default and personal need had been rendered against the settled law by both the Courts below---Constitutional petition was allowed with cost and rent case filed by the petitioner was allowed on said points.

Other judgments reported in 2022 CLC

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