2016 MLD 1509 KARACHI-HIGH-COURT-SINDH

Full text

ABDUL MAJEED ANJUM VS ABIDA PARVEEN 1985 CLC 2085, 1991 SCMR 1381, 1993 MLD 1631, 1994 CLC 1891, 1994 SCMR 572, 1995 CLC 1708, 2013 YLR 1673, Applicability--Term , Burden of Proof--TERM , Constitutional petition--TERM , Eviction of tenant--TERM , Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979--2 , Ss. 2(f)(j) & S. 15---Constitution of Pakistan, Art. 199---Constitutional petition---eviction of tenant---Relationship of landlord and tenant, determination of---Estoppel, principle of---Applicability---Sale of property---Burden of proof---Possession without rent---Effect---Tenant add some rooms to rented property---Cost of construction was partially reimbursed to tenant and remaining was kept as security deposit---Tenant paid rent for some time period but later stopped paying---Landlord approached tenant for vacation of property as he also needed the same for his personal use---Landlord filed eviction petition wherein tenant denied their relationship as landlord and tenant and claimed himself to be owner of property---Tenant also raised objection on jurisdiction of Rent Controller---Petitioner for eviction was dismissed by Rent Controller on ground that landlord possessed no title documents and he could not claim to be landlord and held him to be trespasser completely ignoring the tenancy agreement produced by landlord---Validity---When tenant had admitted to have purchased the property from landlord he was estopped to deny ownership of landlord and allege him to be a trespasser---When landlord denied the sale of property and he was admitted to be an owner, burden of proof lay on tenant that he had purchased said property, which was to be determined and adjudicated upon by civil court after recording of evidence---Rent Controller and Appellate Court had also proceeded to determine entitlement of possession of property in favour of tenant without recording evidence -- Mere execution of agreement to sell the property which was denied by other party would not entitle purchaser/tenant to occupy property without paying any rent---Constitutional jurisdiction allowed constitutional petition with direction to trial court to decide the case afresh after recording evidence.