2020 YLR 1764 QUETTA-HIGH-COURT-BALOCHISTAN

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FAYYAZ AHMED VS MUHAMMAD AZAM S. 13---Ejectment of tenant---Default in payment of rent---Denial of relationship of landlord and tenant---Oral tenancy--- Scope--- Tenants challenged the order of Rent Controller whereby they were directed to vacate the rented premises---Contention of tenants were that relationship of landlord and tenant did not exist between the parties and that the landlord had not produced any tenancy agreement or rent receipt---Validity---Ownership of the house in question was proved by landlord through production of mutation entries and utility bills---Tenants had failed to produce any title document to support their possession over the premises in question, therefore, Rent Controller was competent to determine the relationship of landlord and tenant---Landlord had specifically pleaded that written agreement was not executed due to close relationship with the tenants---Owner of the property, in absence of any evidence to the contrary, was presumed to be of the landlord and the person in possession of the premises was considered as tenant under the law---Tenancy was not necessarily required to be created by a written instrument in express terms rather it could also be oral and implied---Conduct of the tenants was sufficient to hold them contumacious defaulters of rent---eviction of tenants by the Rent Controller was amply justified and warranted no interference by the High Court---Appeal filed by tenants was dismissed.