Tariq Hussain vs Ghulam Abbas Sangi Ss — 2024 YLR 2795 KARACHI-HIGH-COURT-SINDH

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Tariq Hussain VS Ghulam Abbas Sangi Ss.15, 15(2)(vii) & 15(2)(2)---Constitution of Pakistan, Arts.10-A & 23---Eviction order---Willful default in payment of rent and utility bills---Bona fide personal need---Failure of the tenant to discharge burden of proof as to default--Pendency of suit for specific performance qua property in dispute---Relationship of landlord and tenant, denial of---Eviction application was allowed after closure of right of the respondent to cross-examine the witnesses of the petitioner after affording repeated opportunities---Appellate Court remanded the case---Contention of the respondent was that he was proceeded against ex parte, thus, his right to fair trial had been infringed---Validity---Held, that no right to fair trial was infringed, as the respondent himself could not avail opportunities for cross-examination of respondent's side despite repeated chances, thus, the Rent Controller rightly closed that right---Under S.15(2)(2) of the Sindh Rented Premises Ordinance, 1979, (Ordinance) it is a statutory duty imposed upon every tenant to remit rent to the landlord and non-compliance thereof renders the tenant liable to eviction from the tenement---Primary duty of the landlord is to assert the tenant's default and pinpoint the said default, thereby fulfilling the initial burden, which the petitioner being landlord discharged by producing evidence, thereupon, the burden shifted upon the respondent to demonstrate that he did not default in meeting its obligation to remit rent to landlord, however, petitioner's evidence went unrebutted and respondent had failed to discharge his burden of proof---Sale agreement was neither produced before the Appellate Court nor before High Court, however, if respondent established his case and obtained a decree of specific performance, he could take possession back from the petitioner and mere pendency of a civil suit in Court did not, at first glance, undermine an established title for the purpose of rent cases under the Ordinance---Authenticity of the alleged agreement and its resulting impact would be impartially assessed by the Civil Court and until the tenant had not proved his claim for "specific performance" based on an alleged sale agreement, the landlord would still be considered the owner or landlord of the property and during that time, the relationship between the parties would be governed by the terms of the tenancy agreement, therefore, the tenant could not validly oppose the eviction proceedings against him on the grounds of the sale agreement---When the evidence presented by the landlord supported the claim made in the ejectment application, and his evidence was clear, logical, and remained unchallenged, there was no need for any additional evidence to dispute his statement, making it sufficient for the approval of the ejectment application---Landlord must show a genuine and reasonable personal need for the rental premises and in the instant case the petitioner had successfully fulfilled his obligation by demonstrating the reasonableness, authenticity and genuine nature of his personal needs and the respondent was unable to weaken or challenge his claim---Landlords have the clear right to acquire, manage and keep ownership of their property in a way that benefits them the most and a tenant does not have the authority to deprive the landlords of their valuable right to own, control, and possess their property, which is further protected by Art. 23 of the Constitution---Constitutional petition was allowed and eviction order of respondent passed by the Rent Controller was maintained accordingly.

Tariq Hussain vs Ghulam Abbas Sangi Ss — 2024 YLR 2795 KARACHI-HIGH-COURT-SINDH

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