2022 YLR 990 PESHAWAR-HIGH-COURT

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KALEEM ULLAH KHAN VS NASIB UR RAHMAN alias NASIB ULLAH S.13---eviction petition---Relationship of landlord and tenant---Scope---Petitioner (landlord) assailed the concurrent dismissal of their ejectment petitions---Validity---Factum of existence of relationship of landlord and tenant was not proved, onus of which was on the petitioners---Neither the petitioners had rented out the disputed premises to the respondents (tenants) nor the respondents had ever paid any rent to the petitioners---When the relationship was not proved, the Rent Controller was left with no option but to dismiss the petitions because rest of the questions required complete/detailed inquiry through recording of pro and contra evidence by the court of competent jurisdiction---Failure of respondents to annex affidavits could not be taken as a sole ground for ejectment as the petitioners had to stand on their own legs and no benefit could be awarded to them from the weakness of respondents---Constitutional petitions were dismissed.