2016 YLR 248 PESHAWAR-HIGH-COURT

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MUHIB ULLAH VS ARJUMAND KHAN Ejectment of tenant--Term , West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959--7 , West Pakistan Urban Rent Restriction Ordinance 1959--PREAMBLE , Ss. 13, 7 & Preamble---Ejectment of tenant--- Subletting--- Pagri/premium---Scope---eviction petition was accepted on the ground of subletting the demised premises by the tenant---Validity---Burden was on the landlord to prove the assertion made by him---Version of subletting the demised premises had not been proved through confidence inspiring evidence---Tenant himself with the help of his son was running business in the demised premises---Demised premises had not been sublet by the tenant---Permission to use demised premises for any purpose temporarily would not amount to sub-let the same---Pagri (premium) received by landlord was something larger and more than rent amount, which ran counter to the Preamble of West Pakistan Inland Rent Restriction Ordinance, 1959 and landlord had willfully abandoned and relinquished most his rights to eject the tenant and could hardly take shelter for the purpose, under the provisions of the ordinance disregarded---Landlord had received pagri/premium---Ejectment of tenant could not be claimed merely on the whims of landlord when he had received premium(pagri)---Landlord had to prove his case and if no evidence was produced, it would amount to failure on his part---Landlord could not take benefit of the weakness of defence if any as he had to stand on his own legs---No case of ejectment had been made out by the landlord---Both the courts below had not decided the "lis" with conscious and application of independent mind---Impugned judgments were deficient of reasons and were not sustainable---Appeal was accepted and eviction petition was dismissed in circumstances.