2019 MLD 1991 PESHAWAR-HIGH-COURT

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GUL SHER ABAT KHAN VS MUMTAZ ALI KHAN S. 13---Qanun-e-Shahadat (10 of 1984), Art. 115---eviction petition---Bona fide personal need of landlord---Default in payment of rent---Denial of relationship of landlord and tenant by tenant---Scope---Respondents/landlords filed ejectment petition wherein they had claimed that tenant had committed default in payment of monthly rent and that the suit shop was required for their personal need---Appellate court accepted the appeal and directed the tenant to vacate the premises within a period of 3 months---Validity---Petitioner/tenant stressed that he had purchased part of suit property on the basis of registered deed which in fact was a withdrawal of any encumbrance relating to some part of suit property in possession of the tenant---Tenant had asserted his possession as a mortgagee---Assertions made by tenant showed that relationship of landlord and tenant existed between the parties---Tenant had dragged landlords in unnecessary litigation on the oral pretext of being co-sharer---Case of tenant fell within the purview of Art. 115, Qanun-e-Shahadat, 1984 which estopped tenant from denying title of a landlord once he entered into possession as such---Constitutional petition by tenant was dismissed in limine.