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SHER MUHAMMAD vs BIBI SAFIA S — 2022 CLC 1987 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation
2022 CLC 1987 QUETTA-HIGH-COURT-BALOCHISTAN
Court
Balochistan High Court
Year
2022
Reporter
CLC
Parties
SHER MUHAMMAD vs BIBI SAFIA S
Subject matter
Rent
Provisions referred to
S. 13---E; S. 13; Balochistan Urban Rent Restriction Ordinance

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

SHER MUHAMMAD VS BIBI SAFIA S.13---Eviction of tenant---Denial of relationship of landlord and tenant---Verbal tenancy agreement---Scope---Tenant/appellant contended that in absence of tenancy agreement or rent receipt, mere mutation entry/ownership was not a determining factor to establish relationship of landlord and tenant between the parties---Held, that contention of the tenant was not relevant as in the eviction application the landlord had specifically given details of oral agreement between the parties---Provisions of the Balochistan Urban Rent Restriction Ordinance, 1959 ( 'the Ordinance 1959') did not contain any condition that agreement of landlord and tenant must be in particular form, it could even be verbal---Agreement mentioned in S.13(2)(i) of the Ordinance 1959, was any type of agreement without any insistence on formalities---Verbal agreement of tenancy had always been accepted as an agreement under the provisions of law---Appeal was dismissed. Head NotesCase Description

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