Syed IKRAM MUSTAFA vs Mian WALI MUHAMMAD S — 2022 MLD 709 ISLAMABAD

Case information

Citation: 2022 MLD 709 ISLAMABAD
Court: Islamabad High Court
Year: 2022
Reporter: MLD
Parties: Syed IKRAM MUSTAFA vs Mian WALI MUHAMMAD S
Subject matter: Civil
Provisions referred to: S. 7---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

Syed IKRAM MUSTAFA VS Mian WALI MUHAMMAD S.7---Eviction of tenant---Arrears of rent and mesne profit---Appellant obtained portion of house from the owner vide lease agreement---After death of the owner, respondent (legal heir/brother of owner) filed eviction application against the appellant and got the house vacated accordingly---Respondent then filed suit for recovery of arrears of rent and mesne profit---Suit was decreed---Appellant contended that he continued the possession of the property on the insistence of legal heir/sister of the owner (deceased) hence became her tenant; that he had been paying rent to the heir/sister and that claiming mesne profit as double the amount of rent was not justified---Held, that appellant was admittedly the tenant of deceased owner---Respondent and his sister were the sole heirs of the property---In terms of compromise between the said heirs recorded through decree, respondent became the exclusive owner of the property---Respondent became landlord after demise of original owner and compromise, he (respondent) was entitled to receive rent---Appellant had failed to discharge the burden of proof by showing that he had been furnishing rent either to the respondent or legal heir as no evidence was led to the effect and only a copy of Money Order was produced in the court---Once the lease expired, the mesne profit could be claimed as double the amount of rent---Appellant could not justify any factual/legal impediment to the claim of respondent---Appeal was dismissed accordingly.

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