2024 MLD 1655 KARACHI-HIGH-COURT-SINDH

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Muhammad Ali VS Ali Gohar S. 15---Ejectment of tenant---Relationship of landlord and tenant, denial of---Competency of co-owner to collect rent and seek ejectment of tenant---Petitioner/tenant was aggrieved of eviction order passed by Rent Tribunal which was maintained by Lower Appellate Court---Allegedly, there was no relationship of landlord and tenant between the parties---Petitioner/tenant in his evidence had admitted that the premises in question was rented out to him by father of the applicant/respondent No.1---Admittedly, person to whom tenant was allegedly continuously paying the monthly rent till December, 2017, was the son of applicant---Petitioner had also admitted in the pleadings that he was tenant in respect of Shop No.27 under dispute and father of the applicant was real owner of said property---Admittedly, with the consent of all legal heirs of original owner, son of the applicant was authorized to receive the rent of the shops from all the tenants including the petitioner---Petitioner had not denied that applicant was the co-owner/co-sharer of rented property---Hence, it was clear that admittedly applicant was one of the legal heirs of the original owner/landlord, thus, he was co-owner of the premises in question---Co-owner was fully competent and authorized to collect the rent from the tenant and also to seek ejectment of the tenant---Petitions merited no consideration, consequently the same were dismissed.