Citation Name: 2024 CLC 2052 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case NAIMAT ALI SHAH vs ANJUM SHAGUFTA

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Citation Name: 2024 CLC 2052 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case NAIMAT ALI SHAH VS ANJUM SHAGUFTA Ss.13(1) & 13(3)(a)(i)(a)---Qanun-e-Shahadat (10 of 1984), Arts.115 & 125---Eviction order----Default in payment of rent---Personal bona fide need---Denial of relationship of landlord and tenant---Burden of proof---Non-mentioning of details as to purchase of property in dispute---Entering into a contract of tenancy and admission as to payment of rent---Denial of currency of tenancy---When the existence of relationship of landlord and tenant is proved or it has been shown that they have been acting as landlord and tenant, its continuance is presumed and the burden of proving the contrary lies upon the person who denies such legal relationship---Tenant in his written statement had pleaded that he had been paying the rent to the landlady and later, landlady had sold out the subject house to him---Tenant had admitted his induction in the subject house as tenant of the landlady, thus, the burden of proof was on the tenant by establishing that he had ceased to stand in the relationship of landlord and tenant---Tenant in his written statement had not pleaded the price against which he had purchased the subject house and he could not bring on record any document in proof of the pleaded sale transaction---Tenant could not produce proof of payment of the price to the landlady or to anyone else, on her behalf---Oral assertion of the tenant was found baseless and his denial of relationship of landlord and tenant was contumacious---At the beginning of tenancy, tenant came into possession of the subject house and then he, by entering into the contract of tenancy and by payment of rent, had acknowledged the title of the landlady on the subject house---Where tenant denies the title of his landlord and it is established that the landlord has inducted him in possession of the tenement, he will forfeit his tenancy and be liable to ejectment forthwith---Appeal was dismissed accordingly.

Citation Name: 2024 CLC 2052 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case NAIMAT ALI SHAH vs ANJUM SHAGUFTA Ss — 2024 CLC 2052 QUETTA-HIGH-COURT-BALOCHISTAN

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