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Muhammad Hamid Ali vs Anjuman-e-Burhani of Dawadi Bhora Community S — 2024 MLD 1262 LAHORE-HIGH-COURT-LAHORE

Case information

Citation
2024 MLD 1262 LAHORE-HIGH-COURT-LAHORE
Court
Lahore High Court
Year
2024
Reporter
MLD
Parties
Muhammad Hamid Ali vs Anjuman-e-Burhani of Dawadi Bhora Community S
Subject matter
Criminal
Provisions referred to
S. 17; S. 17---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

Muhammad Hamid Ali VS Anjuman-e-Burhani of Dawadi Bhora Community S. 17 ---Ejectment petition --- Multiple grounds for the eviction of the tenant --- Proof---If landlord canvasses multiple grounds for the eviction of the tenant it is not necessary for him to establish and prove all those grounds --- If the landlord is able to prove one of the grounds asserted in the ejectment petition, the tenant can be evicted by the Rent Controller. Citation Name: 2024 MLD 1262 LAHORE-HIGH-COURT-LAHORE Muhammad Hamid Ali VS Anjuman-e-Burhani of Dawadi Bhora Community S. 17---Ejectment petition---Default in payment of monthly rent---Relationship of landlord and tenant, denial of---Rent Controller allowed the ejectment petition, seeking eviction of the appellant from the rented premises (shop owned by the Trust), filed by the respondents(Anjuman/community managing the affairs of the Trust)---Stance of the appellant /tenant was that respondents were incorrectly claiming themselves to be landlords of the rented premises and he was tenant of the Trust---Validity ---Said stance of the appellant/tenant was not correct as respondents produced three witnesses out of whom one was the representative of the Trust who stated in cross-examination that for the last ten years or so all affairs, including tenancy of the Trust had been entrusted under the management of the respondents---From said statement , it was clear that all affairs of the Trust were entrusted to the respondent/Anjuman for management; said statement had not been suggested to be incorrect nor the appellant, having adduced his evidence later, bothered to display in his evidence any documentary record to controvert or to falsify said part of statement of said witness ---As such , in light of said mute conduct of the appellant, there rested no room for any presumption other than to believe said statement of the witness, as such relationship of landlord and tenant stood sufficiently established between the parties and that respondents were landlords --- Moreover, the appellant had himself admitted in course of cross-examination that he had not paid the rent of the rented premises after the year 2012 and he had absolutely been unable to put forth any justification with regard to said omission--- So, default on the part of the appellant also stood proved beyond any doubt --- No illegality or infirmity or material irregularity had been noticed in the impugned order passed by the Rent Controlle --- Appeal filed by the tenant was dismissed, in circumstances.

Other judgments reported in 2024 MLD

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