2017 YLRN 354 LAHORE-HIGH-COURT-LAHORE

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RAZIA KHANUM VS GHULAM NABI BHATTI S. 15---Application for eviction of tenant---Denial of tenancy by tenant---Framing of issues---Effect---Principle of approbate and reprobate---Applicability---Landlord filed ejectment petition along with recovery of rent as arrears before Rent Controller---Firstly, tenant denied relationship tenancy but during pendency of eviction petition, he handed over keys of demised premises---Rent Controller allowed the application and directed tenant to pay arrears of rent---Appeal was preferred against order of Rent Controller after gap of seven months that was allowed and case was remanded with direction to frame issues and record evidence---Validity---When a tenant had refused relationship of tenancy which was proved to be otherwise from record then general inference would be drawn that he had not paid the rent and there would be no need to determine same through evidence. Landlord could not be permitted to plead payment of rent on principle of approbate and reprobate---High Court allowed second appeal in circumstances.