2015 MLD 1642 PESHAWAR-HIGH-COURT

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ABDUL SAMAD KHAN VS JAMSHED 2001 SCMR 1434, Constitutional petition--TERM , Ejectment of tenant--Term , West Pakistan Urban Rent Restriction Ordinance 1959--13 , S. 13---Constitution of Pakistan, Art. 199---Constitutional petition---Ejectment of tenant---Default in payment of rent---Personal bona fide need of landlord---Denial of relationship of landlord and tenant by the tenant---Landlords filed eviction petition on the grounds of default in payment of rent, personal bona fide need and reconstruction---Eviction petition was accepted by the Rent Controller but same was dismissed by the Appellate Court---Validity---Tenants had purchased 10 marlas of land by dint of Mutation No. 924 on 30-11-1986 in Khasra No. 656 which was situated adjacent to Khasra No. 647---Both Khasra numbers were situated in one khata wherein flour machine had been constructed which was in the possession of tenants since long---Landlords had never objected nor demanded rent at any stage from the tenants during last more than 20 years---No agreement was on record to the effect that rent had been fixed and paid by the tenants to the landlords---Landlords had failed to prove that suit premises possessed by the tenants was owned by them---Landlords were bound to prove relationship of landlord and tenant between the parties---No cogent evidence had been brought on record to prove the relationship of landlord and tenant between the parties---No proof of demarcation with regard to both the Khasra numbers of both the properties had been produced---Partition of both the Khasra numbers had not been effected---Dispute between the parties was with regard to title and demarcation of land in occupation of owners of both the Khasra numbers which could only be resolved through civil court---Dispute with regard to identity of property qua title was involved which did not fall within the jurisdiction of Rent Controller and same could only be resolved by the civil court---Issue of jurisdiction should be determined first in case of denial of relationship of landlord and tenant---Mere bald allegation with regard to existence of relationship of landlord and tenant would not be sufficient---Relationship of landlord and tenant should have been proved through direct and convincing evidence both documentary or trustworthy, cogent and convincing oral evidence---Mere entry made in the record of Excise or Taxation or other alike documents did not create relationship of landlord and tenant rather same had to be proved through rent deed and receipts of payment of rent forwarded through proper custody---Rent Controller being persona designata was left with no option but to direct landlord to get the title established from competent civil court in case of his/her failure to prove such relationship---Landlords could approach civil court for redressal of their grievances and seek ejectment after getting title established by the competent court---Appellate Court had decided the lis with reasons and application of independent mind---Constitutional petition was dismissed in circumstances.