2021 YLR 1608 KARACHI-HIGH-COURT-SINDH

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MOHAMMAD FAHIM VS MOHAMMAD FAIZ S. 13---eviction petition---Relationship of landlord and tenant---Failure to prove payment of rent---Scope---Landlord assailed the ultimate dismissal of his eviction petition by the Appellate Court---Validity---Landlord had claimed ownership of property on the basis of an unregistered lease deed which was required to be registered being a compulsorily registrable document---Landlord could not establish that his predecessor enjoyed a good and transferable title over the suit property---Trial Court had relied upon that part of the deposition of tenant wherein he had stated that he had purchased the property from the father of landlord and had never remained his tenant---Trial Court had made it a great point in favour of the landlord, however, no one could establish his right solely on the ground of weakness of the case of his opponent---Deposition of tenant revealed that it could be said that he had taken possession of the property from the father of landlord but not in the capacity of tenant---Tenant had never paid rent to the landlord and there was no proof of payment of rent---Possession of the premises was with the tenant since long and the landlord could not establish the right of ownership or possession---No misreading or non-reading of evidence was available on record---Revision application was dismissed, in circumstances.