Citation Name: 2024 YLR 532 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case ZAHOOR DIN vs REHMATULLAH Ss

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Citation Name: 2024 YLR 532 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case ZAHOOR DIN VS REHMATULLAH Ss. 13 & 15---Eviction petition---Relationship of landlord and tenant, denial of---Jurisdiction of the Rent Controller, invoking of---Eviction petitioner (claiming ownership of the demised property on the strength of mutation entry in the Record-of-Rights in his name) moved eviction petition before the Rent Controller---Person-in-possession of the demised property (shop) denied being tenant of the eviction petitioner, yet eviction order was passed by the Rent Controller against him, who preferred appeal against said eviction order---Validity---Evidence produced, in the present case, revealed that the respondent (eviction petitioner) neither produced any independent witness, nor produced any rent receipt to show that the relationship of landlord and tenant existed between him and the appellant (person-in-possession)--- Since an eviction order could be passed only by the Rent Controller against a tenant or a person who had been put in possession of the rented premises by the tenant, it was essential for the evictor to prove that the person whose eviction was sought was in occupation of the premises in his capacity as a tenant and none other---There were other remedies available under the laws to the owner of the immoveable property to have an unlawful occupant or a trespasser, who was not a tenant, evicted from such property---Thus, in the present case, the existence of some mutation entry in the Record-of-Right in the name of the respondent (eviction petitioner) was of less benefit to him in the eviction proceedings, as he remained unable to establish his status as that of landlord and the status of the appellant as a tenant in the questioned premises (shop-in-question)---In such circumstances, a party was to approach a Court of competent jurisdiction to establish a clear title in his name to enable it to seek eviction or possession accordingly---Rent Controller had no right to place reliance on the mutationentry (in favour of the respondent) in absence of the evidence which could connect the parties with the shop-in-question, in their status of landlord and tenant---High Court set aside the eviction order passed by the Rent Controller, consequently the eviction application filed by the respondent stood dismissed---Appeal was allowed, in circumstances.

Citation Name: 2024 YLR 532 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case ZAHOOR DIN vs REHMATULLAH Ss — 2024 YLR 532 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Judgment text as reported

Other judgments reported in 2024 YLR