2016 CLC 609 QUETTA-HIGH-COURT-BALOCHISTAN

Full text

MUHAMMAD IBRAHIM VS NIAZ MUHAMMAD 1983 SCMR 1064, 2012 CLC 1104, 2012 CLC 341, PLD 1985 SC 1, Default in payment of rent--Term , Ejectment of tenant--Term , West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959--2 , -Ss. 13, 2(c) & 2(i)---Ejectment of tenant---Default in payment of rent---Personal bona fide need of landlord---Denial of relationship of landlord and tenant by tenant---Contention of tenant was that he was owner of demised premises and he had filed a suit for specific performance---eviction petition was accepted by Rent Controller---Validity---Initial burden was on the landlord to establish his title as landlord, besides ownership of demised premises---Landlord was bound to prove status of tenant as of tenant---Evidence must exist that demised premises was in fact owned by the landlord which was rented out to the tenant and landlord received rent of the same---Once a tenant was always a tenant but landlord had to prove the status of tenant to seek eviction---Nothing was on record to prove that landlord was owner of the demised premises---Landlord had failed to prove that tenant had paid rent of the demised premises to him---Existence of mutation entries in the record-of-rights in favour of landlord were not sufficient in eviction proceedings as he had failed to establish relationship of landlord and tenant---High Court observed that parties should approach a court of competent jurisdiction to establish title in their favour to enable them to seek eviction or possession as the case might be---Impugned judgment passed by the Rent Controller was set aside and ejectment petition was dismissed---Appeal was allowed in circumstances.