2020 YLR 2382 QUETTA-HIGH-COURT-BALOCHISTAN

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ABDUL ELLAH RAHMANI VS MUHAMMAD KHAN S. 13---Ejectment of tenant---Default in payment of rent---Sale agreement in favour of tenant---Effect---Denial of relationship of landlord and tenant by the tenant---Tenants contended that they had a sale agreement in their favour of demised premises---Ejectment petition was dismissed concurrently---Validity---Demised premises stood in the ownership of landlord---Relationship of landlord and tenant existed between the parties, in circumstances---No sale agreement had been produced before the Rent Controller---Tenants were occupying the demised premises as tenants and had committed default in payment of rent---Tenancy might be oral---Where tenant had denied the title of landlord and it was established that he was a tenant then he would forfeit his tenancy for having become a trespasser and liable to be ejected forthwith---Tenants had to stand on their own feet and required to discharge onus of proof placed on them---Tenants had denied relationship of landlord and tenant and they were bound to prove their title or locus standi for retaining the premises in question---Tenants had failed to prove their ownership with regard to demised premises through oral or documentary evidence---Agreement to sell did not create any right affecting relationship between the parties as landlord and tenant---Tenant must vacate the premises first and then claim on the basis of agreement to sell---Petitioners had succeeded to make out a case for eviction against the tenants and were entitled for vacant possession of demised premises---Impugned orders passed by the Courts below were set aside and eviction petition was accepted, in circumstances---Respondents were directed to hand over vacant possession of demised premises to the petitioners within a period of two months---Tenants were directed to pay rent of demised premises for the last three years to the landlords---Appeal was allowed, in circumstances.