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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
Criminal
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

SHER MUHAMMAD VS BIBI SAFIA S.13---Eviction of tenant---Willful default---Personal bona fide need of landlord---Denial of relationship of landlord and tenant---Rent Controller, jurisdiction of---Scope---Appellant/tenant contended that Rent Controller lacked jurisdiction in the present matter as he was tenant of previous landlord of suit-house and was in its occupancy since long---Held, that though alleged previous landlord appeared as a witness for appellant but failed to establish his claim through any cogent and confidence inspiring evidence---Alleged previous landlord, had filed an independent suit for declaration to establish his claim which was dismissed and had attained finality for not being assailed before the appellate court---Landlord-respondent had produced mutation entries of demised property in his favour whereas the appellant failed to produce any sufficient evidence to justify his possession in any lawful capacity---As the appellant failed to produce any title document to support his possession over the demised property, Rent Controller or the Appellate Court were competent to determine the relationship of landlord and tenant between the parties---Existence of relationship between the parties would imply acceptance of title of landlord; as such whenever tenant denied that title and it was established that he was a tenant, he would forfeit his tenancy having become a trespasser and would be liable to be ejected forthwith---No illegality or infirmity was found in impugned judgment/order of eviction of appellant passed by the Rent Controller---Appeal was dismissed, in circumstances. Head NotesCase Description

Other judgments reported in 2022 CLC

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