1987 CLC 1679 LAHORE-HIGH-COURT-LAHORE

Full text

GUL MUHAMMAD VS FAIZ MUHAMMAD Transfer of Property Act 1882--106 , Transfer of Property Act 1882 ---S. 106--Evidence Act (I of 1872), S. 116--Landlord and tenant--Suit for ejectment--Emergence of a paramount title-holder--Effect on old tenancy--No proceedings taken by paramount title-holder against tenant--Held, there should be assertion by paramount title-holder for attornment of rent or threat to the tenant to face eviction--Where no such allegation was levelled in written statement, in absence of such allegation by paramount title-holder, plea would not be much enuring-Fact that tenant did not pay any rent to the paramount title-holder, would negate necessary ingredient of the principle and raise a presumption that there was neither threat of eviction held out to the tenant nor was he forced to pay rent to the paramount title-holder-When record showed that tenant continued to pay rent to the landlord till date, that would further weaken his stand that he was submitting to the better claimant.