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2022 CLC 1987 QUETTA-HIGH-COURT-BALOCHISTAN

Balochistan · 2022

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SHER MUHAMMAD VS BIBI SAFIA S.13---eviction of tenant---Willful default---Personal bona fide need of landlord---Denial of relationship of landlord and tenant---Burden of proof---Appellant/tenant contended that he was tenant of previous landlord of suit-house and was in its occupancy since long---Held, that tenant had to stand on his own legs and was required to discharge onus of proof upon him---Appellant denied relationship of landlord and tenant, thus burden of proof heavily shifted on him to prove his title, capacity or locus standi for retaining the demised premises---Appellant though in his written-reply had challenged ownership of demised premises, but failed to prove the same through oral and documentary evidence---If tenant denied relationship of landlord and tenant, tenancy was automatically terminated and he was liable to eviction---Appeal was dismissed.