2021 MLD 1410 PESHAWAR-HIGH-COURT

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MUSHTAQ AHMAD VS FAYAZ S.13---eviction of tenant---Relationship of landlord and tenant---Scope---Petitioner/landlord assailed the concurrent dismissal of his ejectment petition---Validity---Landlord had not mentioned in his petition as to when the possession of disputed house was handed over to the respondent as a tenant---Landlord had admitted in his cross-examination that no tenancy agreement was signed between him and tenant, however, stated that it might be with his father---Tenant in his statement had produced a deed whereby it was alleged by him that his father had purchased the disputed house---Landlord had to prove the existence of relationship of tenant and landlord through cogent, reliable and convincing evidence---Not a single evidence was available on record which could show that the landlord had ever received monthly rent from the tenant---Payment of rent was a sine qua non for the relationship of landlord and tenant---Constitutional petition of landlord was dismissed.