2018 MLD 1466 QUETTA-HIGH-COURT-BALOCHISTAN

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GHULAM FAROOQ VS DOLAT KHAN S. 13---Ejectment of tenant---Denial of relationship of landlord and tenant by tenant---Scope---Contention of tenant was that he had purchased the demised premises from the brother of landlord through an agreement---eviction petition was dismissed for lack of relationship of landlord and tenant between the parties---Validity---Tenant had failed to establish the authority of brother of landlord to enter into an agreement and handover possession of demised premises on the basis thereof---Tenant just to continue his possession had taken the plea of purchase of premises in question through brother of landlord---Landlord was owner of demised premises---Ownership might not be a determining factor to establish the relationship of landlord and tenant between the parties---Relationship of landlord and tenant, however, had been established between the parties---Tenant was first to vacate the premises in question and then seek his remedy if he desired so---Impugned order could not be sustained which was set aside and eviction petition was allowed---Tenant was directed to handover the vacant possession of the premises in question to the landlord within a period of two months subject to payment of monthly rent---Appeal was allowed in accordingly.