Citation Name: 2023 YLR 420 LAHORE-HIGH-COURT-LAHOREBookmark this Case MUSHTAQ AHMED vs ISHFAQ AHMED S

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Citation Name: 2023 YLR 420 LAHORE-HIGH-COURT-LAHOREBookmark this Case MUSHTAQ AHMED VS ISHFAQ AHMED S. 15--- Eviction--- Improvement beyond pleading at evidence stage---"Landlord", definition of---Default in payment of rent; unauthorized changes in the nature/character of property and requiring same for personal use/ occupation---Respondent filed eviction application alleging that he purchased the property through a registered sale-deed that petitioner (being real brother of the respondent)got the property on rent from respondent on the basis of oral tenancy agreement that possession was handed over by respondent to the petitioner as tenant; and that all utility bills of the premises used to come in the name of previous owner of property---Petitioner controverted that the respondent had concealed the facts in the eviction petition; that petitioner was owner-in-possession of the property to the extent of his share as all the legal heirs were the owners as per their respective shares in the property; that two suits (i.e. for partition and for declaration of benami transaction) were pending in the competent court of law inter se the parties; and that relationship of landlord and tenant did not exist between the parties---Mother of respondent appeared and claimed that the property had been given to her by her son; that she had been renting out the property; that she inducted the petitioner as a tenant along with other tenants and that she had been receiving the rent till the date of default---Respondent's application for ejectment was dismissed by Special Court (Rent)---In appeal there against, District Court observed that she was included in the definition of "landlady" and could seek eviction of the petitioner, hence, allowed the eviction of petitioner---Petitioner contended that no one could be permitted to produce evidence contrary to what had been pleaded nor could any case be set up on the basis of evidence for which no foundation was placed in the pleadings---Held, that ejectment application was signed/verified by the respondent himself which was supported by his affidavit wherein the contents of the ejectment application were reproduced and were verified on oath---Affidavits of two witnesses also supported the version of the application---Ejectment application had not given impression that the respondent's mother was ever given the premises; or was vested with the authority to rent out the same or to receive the rent and induct tenants; or that she had ever acted under instructions and with authority from respondent as a rent collector---Statement of mother was contradictory in the context of the affidavit and the same did not support the stance of the respondent in the ejectment application either---Respondent failed to produce any evidence in support of his own case---Before introducing ejectment application, the respondent sent a notice to the petitioner in which he did not take the stance of any indulgence of his mother in the matter of renting out the property or of receiving rent from the petitioner---Although, the concept of landlord included a person who had been authorized to rent out the property or who had been acting as rent collector under instructions/permission of the landlord, such evidence could only be accepted if the case was so pleaded in the ejectment application---Evidence could not be allowed or led beyond the pleadings and the case set up in the pleadings could not be improved at the stage of evidence---Order of the appellate court, therefore, could not be allowed to remain in field to that extent---Respondent never appeared in the witness-box nor was any document showing delegation of authority by respondent produced---Pleadings were never amended to raise such a plea---Constitutional petition was allowed accordingly.

Citation Name: 2023 YLR 420 LAHORE-HIGH-COURT-LAHOREBookmark this Case MUSHTAQ AHMED vs ISHFAQ AHMED S — 2023 YLR 420 LAHORE-HIGH-COURT-LAHORE

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