Muhammad Sharif vs Fayyaz Ahmad S — 2025 MLD 1725 LAHORE-HIGH-COURT-LAHORE

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Muhammad Sharif VS Fayyaz Ahmad S.17---Civil Procedure Code (V of 1908), O.I, R.10---Ejectment of tenant---The appellant (tenant) challenged the order passed by the Rent Controller, whereby, the ejectment petition in respect of rented premises was accepted and vacant possession along with arrears of rent was directed to be handed over to the respondent (landlord)---The appellant (tenant) argued that the rent agreement actually pertained to 'another property' and not the property in question and that another person had been a tenant since long---Held: The ownership of the respondent (landlord) with respect to the property in question and 'another property' was an admitted fact---The appellant (tenant) got recorded his statement with respect to an application under O.I R.10, C.P.C. filed by the purported tenant---After conceding that the appellant (tenant) gained possession of the premises as a tenant, he took a stance that another person (the purported tenant) became subsequent tenant of the respondent (landlord), however, it was clearly stated that the appellant/tenant was not a witness of any subsequent arrangement with the purported tenant---Application of the purported tenant was dismissed by the Rent Controller which order was never challenged hence attained finality---Instead of raising any challenge against such order at the relevant time, while the present appeal was pending an application under O.I R.10 of C.P.C. was instituted on the same grounds which were available to the purported tenant before the Rent Tribunal---Appellant despite availing number of opportunities to file reply to the ejectment petition failed to do the same as such he was proceeded against ex-parte, resultantly, the Rent Controller proceeded to record ex-parte evidence---No request was made before the Rent Controller to permit him to participate in the process of evidence or to cross-examine the witnesses of the respondent (landlord)---The affidavits (examination-in-chief) of three PWs were brought on record and since they were not cross-examined, the same went un-rebutted---The default on the part of the appellant (tenant) also stood established---The three PWs clearly deposed that the premises in question was rented out in the shape of a hall---Needless to say that the relationship of landlord and tenant was an admitted fact---The appellant (tenant) failed to make out any case---Present appeal along with the application under O.I, R.10, C.P.C. filed by the purported tenant were dismissed, in circumstances.

Muhammad Sharif vs Fayyaz Ahmad S — 2025 MLD 1725 LAHORE-HIGH-COURT-LAHORE

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