2021 CLC 120 KARACHI-HIGH-COURT-SINDH

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Mst. ZAHIDA HAROON VS MUHAMMAD ASHIQUE S.15---eviction petition---Relationship of landlord and tenant---Scope---Petitioner (landlady) assailed orders passed by courts below whereby it was held that the relationship of tenancy did not exist between the parties---Contention of tenant was that he was the tenant of petitioner's husband's elder brother who had earlier filed an ejectment petition, which was dismissed and that he was occupying the shop other than the one mentioned in the petition---Validity---Tenant appeared to approbate and re-reprobate as he had in a way conceded to the case of petitioner who had deposed that previously her late husband was managing the affairs of the demised premises and thereafter it was being managed by her in-laws---Tenant had to prove that previous owner was still claiming right and interest in the property and as such, he could not accept the change of title being tenant of the subsequent landlord---No such evidence was available that the previous landlord had ever disputed to the change of landlord---If tenant was not admitting the petitioner as his landlord, he was required to file inter pleader proceedings to avoid default in payment of monthly rent---Judgments of courts below were set aside and the eviction application was allowed, in circumstances.