2019 PLD 113 QUETTA-HIGH-COURT-BALOCHISTAN

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DAWOOD KHAN VS SULTAN MUHAMMAD Ss. 13 & 13-A---Ejectment of tenant---Change of ownership---Denial of relationship of landlord and tenant by the tenant---Default in payment of rent---Effect---eviction petition was dismissed on the ground that petitioner had failed to prove relationship of landlord and tenant---Validity---Demised premises had been mutated in favour of petitioner and other legal heirs through inheritance mutation---Rent Controller had failed to appreciate that eviction petition itself was to be regarded as notice under S.13-A of Balochistan Urban Rent Restriction Ordinance, 1959---Respondent was a tenant in the demised premises and his status would remain unchanged---Mere denial of relationship of landlord and tenant would not change the status of respondent as tenant of the demised premises---Co-owner could competently file eviction petition against a tenant---Denial of relationship of landlord and tenant by the respondent with the petitioner was contumacious making him liable for eviction from the demised premises forthwith---Impugned order passed by the Rent Controller was set aside, in circumstances---eviction petition was accepted with the direction to the tenant to hand over vacant possession of demised premises to the landlord forthwith---Tenant was directed to pay monthly rent of demise premises to the landlord for the last three years---Landlord might approach the Court of civil jurisdiction for recovery of such arrears of monthly rent---Appeal was allowed, in circumstances.