2015 MLD 171 LAHORE-HIGH-COURT-LAHORE

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Mst. NASIRA AFRIDI VS MUHAMMAD AKBAR PLD 1996 SC 1, Ancestral property--Term , Burden of Proof--TERM , Cantonments Rent Restriction Act 1963--17 , Default in payment of rent--Term , Ejectment petition--term , Maintainability--TERM , Payment of rent--Term , Qanun-e-Shahadat Order 1984--117 , S. 17---Qanun-e-Shahadat (10 of 1984), Art. 117---Ejectment petition---Maintainability---Denial of relationship of landlord and tenant by tenant---Burden of proof---Default in payment of rent---Ancestral property---Rent Controller, jurisdiction of---Payment of rent---Scope---Contention of landlord was that tenants had committed default in payment of rent whereas tenants had denied the relationship of landlord and tenant between the parties---Ejectment petition was accepted by the Rent Controller---Validity---Alleged rented premises was occupied by the tenants in lieu of vacating ancestral property as co-sharer and same was not taken into possession as tenant---No evidence to prove the relationship of landlord and tenant was discussed in the impugned order---Burden of proof to establish the relationship of landlord and tenant was on the landlord---Issue with regard to relationship of landlord and tenant was framed without placing/noting burden of proof which was improper exercise of jurisdiction---Findings that tenants could not prove the relationship of landlord and tenant were against the principle of law of evidence and were not sustainable in the eye of law---Relationship of landlord and tenant did not exist between the parties---Landlord had failed to prove that tenants paid rent as a consideration for possession or occupation of the premises---Present application for eviction was not maintainable and Rent Controller had no jurisdiction in the matter---Eviction could not be sought before the Rent Controller without establishing the relationship of landlord and tenant---Payment of rent was sine qua non for the relationship of landlord and tenant---Findings recorded by the Rent Controller were reversed and impugned order was set aside---Eviction petition filed by the landlord was dismissed---Appeal was accepted in circumstances.