Mst. SHAISTA HUSSAIN vs FARZANA NAHEED — 2026 SCMR 208 SUPREME-COURT

Case information

Citation: 2026 SCMR 208 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2026
Reporter: SCMR
Parties: Mst. SHAISTA HUSSAIN vs FARZANA NAHEED
Subject matter: Civil
Provisions referred to: Specific Relief Act (I of 1877)

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

Mst. SHAISTA HUSSAIN VS FARZANA NAHEED. Ss.2(l) & 15---Specific Relief Act (I of 1877), Ss.8, 12 & 54---Eviction petition---Landlord and tenant relationship, denial of---Proof---Payment of rent as determining factor. Petitioner claiming to be purchaser and landlady asserted that respondent was her tenant after purchase of demised property through agreement to sell. The issue before Supreme Court was whether petitioner had established existence of landlord and tenant relationship so as to justify eviction proceedings. Held, that rent controller, appellate court and High Court concurrently found that petitioner failed to prove agreement to sell and payment of rent by respondent. Eviction proceedings cannot be maintained before Rent Controller without establishing relationship of landlord and tenant. Relationship of landlord and tenant usually comes into existence through tenancy agreement and one important circumstance from which such relationship may be inferred is payment of rent. Payment of rent is not only normal incidence of tenancy but a sine qua non for existence of landlord and tenant relationship. The person claiming existence of tenancy must prove that tenant undertook or was bound to pay rent as consideration for possession. Petitioner failed to produce witnesses regarding creation of tenancy agreement and payment of rent. No interference was warranted with concurrent findings of courts below. Leave to appeal was declined and petition was dismissed.

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