MUHAMMAD AYUB, SHOP MANAGER BATA PAK. LTD vs MUHAMMAD RAHMAN — 2026 SCMR 31 SUPREME-COURT

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MUHAMMAD AYUB, SHOP MANAGER BATA PAK. LTD VS MUHAMMAD RAHMAN. S. 13(2)(i)---Qanun-e-Shahadat Order, 1984, Art. 129(g)---Landlord seeking ejectment of tenant and recovery of arrears of rent---Failure to prove claim of arrears---Burden of proof upon landlord. The respondent/landlord filed ejectment proceedings against the petitioners/tenants seeking possession of the shop along with recovery of alleged arrears of rent from the year 2016 onwards. The landlord claimed that the tenancy agreement had expired in 2016 but the tenants continued possession of the premises after locking the shop. The tenants asserted that they had already handed over vacant possession and paid all outstanding dues. The Rent Controller allowed the ejectment application but rejected the claim of arrears of rent. The appellate authority affirmed the rejection of arrears claim. The High Court, however, set aside concurrent findings and granted recovery of rent from January 2016 to January 2024. Held: The burden to prove arrears of rent lies upon the landlord and mere failure of the tenant to contest proceedings or rebut allegations does not automatically establish the claim. The Rent Controller and appellate authority concurrently found that the landlord failed to prove continued possession of tenants or existence of outstanding rent liability. No witness was produced to establish that the tenants remained in possession after 2016. The person whose assurance was relied upon by the landlord was neither impleaded as a party nor produced as witness, which amounted to withholding of best available evidence under Article 129(g) of Qanun-e-Shahadat Order, 1984. The Supreme Court further observed that under Section 13(2)(i) of the West Pakistan Urban Rent Restriction Ordinance, 1959, proceedings for non-payment of rent are required to be initiated within the prescribed period. The unexplained delay of nearly four years in filing ejectment proceedings was fatal to the claim. The landlord, having failed to prove possession, tenancy continuation or outstanding rent liability, could not be awarded rent merely because tenants did not actively contest the proceedings. The judgment of the High Court was set aside and the appeal was allowed.

MUHAMMAD AYUB, SHOP MANAGER BATA PAK. LTD vs MUHAMMAD RAHMAN — 2026 SCMR 31 SUPREME-COURT

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