2015 YLR 1092 LAHORE-HIGH-COURT-LAHORE

Full text

ZAFAR IQBAL VS DILSHAD AHMAD 1994 SCMR 1881, 1999 MLD 2821, 2004 CLC 582, Competency--Term , Constitutional petition--TERM , Punjab Rented Premises Act 2009--15 , S.15---Constitution of Pakistan, Art.199--Constitutional petition---Application for eviction of tenant by one of the legal heirs/owners of demised premises---Competency---Personal bona fide need of landlord---Default in payment of rent---Denial of relationship of landlord and tenant by the tenant on the basis of oral agreement to sell---Civil suit, pendency of---Effect---Contention of landlord was that one of the legal heirs/owners of demised premises was competent to file ejectment petition and it was not necessary to implead all the legal heirs as a party in the said petition and pendency of civil suit qua determination of title over the demised premises was no ground to dismiss the eviction petition---Ejectment application was accepted by the Rent Tribunal but same was dismissed by the Appellate Court---Validity---Agreement to sell did not create any right, title or interest in favour of any person and existence of the same was open to doubt---Landlord was one of the legal heirs of the deceased original owner of demised premises---Issue of title of demised premises was under adjudication before the competent forum pendency of which had no effect on the maintainability of ejectment petition---Tenant had denied relationship of landlord and tenant on the basis of an oral agreement to sell---Tenant should have first vacated the demised premises and then pursued his claim before the civil court for determination of his right of ownership---Tenant had no right to occupy the demised premises and refuse to pay rent unless and until he was held owner of said premises by the civil court of competent jurisdiction---Appellate Court had no jurisdiction to decide the title of the parties on the basis of mere assumptions and presumptions---Appellate Court had travelled beyond its jurisdiction while deciding the question of title of demised premises---Landlord being one of the legal heirs of the deceased owner of demised premises had every right to file ejectment petition---Non-impleading of other legal heirs was not fatal to the ejectment petition---Findings recorded by the Appellate Court were based on surmises and conjectures---Tenant had failed to bring on record any solid and cogent evidence to prove his title over the demised premises and his claim was yet to be proved by the civil court---Tenant had not paid due rent since 1999 and Rent Tribunal had rightly passed the eviction order against him---Impugned judgment passed by the Appellate Court was set aside and order of Rent Tribunal was restored---Constitutional petition was accepted in circumstances.