2014 SCMR 1744 SUPREME-COURT

Full text

TASSADUQ HUSSAIN VS Mst. MUNEER FATIMA 2001 SCMR 1434, Cantonments Rent Restriction Act 1963--17 , Eviction of tenant--TERM , S. 17---Constitution of Pakistan, Art. 185(3)---eviction of tenant---Relationship of landlord and tenant denied---Purported sale agreement---Failure to prove authenticity of sale agreement---Rent Controller ordered eviction of tenant/petitioner from the disputed premises---Plea of tenant was that there was no relationship of landlady and tenant as he had purchased the disputed premises by way of a sale deed and had paid the consideration---Validity---Terms of the purported sale agreement exhibited by the tenant did not mention that he was put in possession on payment of the sale consideration mentioned therein---Tenant did not specifically plead in his written statement the date and time when he was put in possession of the premises in dispute nor he pleaded the mode through which he made payment towards the sale consideration---Petitioner had also not filed a suit for specific performance of the sale agreement against the landlady to perfect his title---Premises in dispute was still in the name of the landlady in the Cantonment Board---Relationship of landlady and tenant did exist between the parties---Tenant had failed to prove the factum of possession as owner of premises pursuant to a sale agreement---Petition for leave to appeal was dismissed accordingly.