2023 YLR 729 LAHORE-HIGH-COURT-LAHORE

Full text

KHADIM HUSSAIN VS ADDITIONAL DISTRICT JUDGE, LAYYAH Ss. 2(m), 6 & 19---Landlord and tenant, relationship---Oral tenancy agreement--- Proof--- Petitioner was aggrieved of eviction order passed by Lower Appellate Court---Validity---In order for an eviction petition to succeed and exercise of jurisdiction by Rent Tribunal under Punjab Rented Premises Act, 2009, it was necessary that respondents were to establish their own case independent of failure of petitioner to successfully challenge their title---Respondents asserted a particular fact regarding existence of relationship of tenancy between the parties on the basis of an oral agreement and was under obligation to prove the same---Witness of respondents contradicted their stance while being cross-examined, therefore, case of respondents squarely fell within the purview of maxim "Allegans Contraria Non Est Audiendus" (A person who alleges things contradictory to each other is not to be heard)---Settlement of rent was one of the basic requirements for establishing landlord-tenant relationship and in absence of the same, there could not be an oral tenancy---Where settlement of rent was not alleged in eviction petition and thereafter not proved, an eviction petitioner could not succeed merely on the ground of presumption that an eviction petitioner was owner of rented premises was also the landlord---There were other remedies available under the law to owner of such an immovable property to have unlawful occupant or a trespasser who was not a tenant, evicted from such property, which the respondents could avail---Findings rendered in eviction proceedings could not confer any title upon petitioner qua the rented premises---High Court in exercise of constitutional jurisdiction, set aside order passed by Lower Appellate Court and restored that of Rent Tribunal declining to evict petitioner form the premises---Constitutional petition was allowed in circumstances.