2017 CLCN 103 LAHORE-HIGH-COURT-LAHORE

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IFTIKHAR AHMAD VS MUHAMMAD NASIR S. 15---Ejectment of tenant---Denial of relationship of landlord and tenant by the tenant---Joint property---Effect---Rent Tribunal dismissed the eviction petition but Appellate Court accepted the same---Validity---Landlord would step into the shoes of vendors of suit property---Proper course for landlord in view of rival claims with regard to possession over demised premises was to produce the vendors before the Court to establish that prior to transfer of the premises present tenants were the tenants of the vendors---Landlord had withheld such evidence; when a party had withheld important piece of evidence, inference would go against him---Co-sharers could dispose of unidentified share of joint property till it was formally partitioned but same would be subject to certain conditions vis-a-vis no co-owner could be allowed to sell specific number/portion of joint property---Proceedings before Rent Tribunal were not maintainable without formal partition of suit property---Non-production of vendor from whom landlord was claiming title, had affected his case---Impugned judgment and decree passed by the Appellate Court were set aside and order passed by the Rent Tribunal was restored---Appeal was allowed in circumstances.