2015 YLR 440 QUETTA-HIGH-COURT-BALOCHISTAN

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MUHAMMAD ASLAM VS MIRA JAN 1991 CLC 773, 1991 MLD 1578, 1991 SCMR 1376, 2002 SCMR 1089, 2003 SCMR 1864, 2004 SCMR 704, 2007 CLC 154, 2009 YLR 2294, 2011 SCMR 320, PLD 2006 SC 549, PLD 2007 SC 45, PLD 2011 SC 119, Ejectment of tenant--Term , West Pakistan Urban Rent Restriction Ordinance 1959--13 , S. 13---Ejectment of tenant---Denial of relationship of landlord and tenant by the tenant---Landlord filed eviction petition on the grounds of default in payment of rent, subletting and personal bona fide need---Contention of tenant was that he had purchased the suit premises---Eviction petition was dismissed by the Rent Controller--- Validity--- Tenant, in circumstances, had to vacate the premises, and file a suit in case ejectment application was filed against him and he had taken up the position that he had purchased the property, whereafter he would go to the premises if he had succeeded in the litigation---Execution of agreement which had not been specifically denied by the other party would amount to be an admission---Tenant could not substantiate his assertion through cogent evidence that he was in possession of the premises in his own right---Relationship of landlord and tenant stood established between the parties---Impugned judgment and decree was not sustainable which was set aside and eviction petition was accepted---Tenant was directed to handover the vacant possession of the premises to the landlord within a period of two months---Appeal was accepted in circumstances.