2021 MLD 1864 ISLAMABAD

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SAJJAD VS MUHAMMAD YOUNAS KHILJI S.17---Constitutional petition---eviction petition allowed by the Rent Controller---Petitioners were directed to handover vacant possession of the rented premises to respondent within a period of fifteen days---Petitioners filed appeal which was dismissed by the District Court---Petitioners denied their relationship as tenants and contended that the rented premises were orally gifted by respondent to one of the petitioners and respondent had given possession of the rented premises to the petitioners---Petitioners had also instituted a suit for declaration and permanent injunction in Civil Court which was yet pending adjudication---Held, that until a declaration as to the ownership of the rented premises in favour of petitioner be made by the Civil Court after establishment of factum of alleged oral gift, petitioner could not resist his eviction from the rented premises---Petitioner impliedly admitted/acknowledged that prior to the said alleged oral gift, respondent was the owner of the rented premises---Petitioners must first vacate the rented premises and re-gain possession of the same, after establishing title to the same through a declaration by Court---Constitutional petition was dismissed accordingly.