2014 MLD 740 QUETTA-HIGH-COURT-BALOCHISTAN

Full text

Mst. ZOHRA VS TARIQ MURTAZA Default in payment of rent--Term , Ejectment petition--term , West Pakistan Urban Rent Restriction Ordinance 1959--13 , S. 13---Ejectment petition---Default in payment of rent---Denial of relationship of landlord and tenant by the tenant---Contention of tenant was that landlords had no cause of action and no relationship of landlord and tenant existed between the parties---eviction petition was dismissed by the Rent Controller---Validity---Landlords were not owner of the house in question but another person was the owner of the house---Landlords had pleaded that disputed house was rented out to the tenant in the year 1995 who died in the same year---eviction petition was filed on 10-3-2011 and till that date landlords were unaware about the death of their tenant---Original owner of disputed house had decree of civil court in her favour---No rent was paid to the landlords by the tenant---Such controversy was within the jurisdiction of civil court and Rent Controller had no jurisdiction to attend the same---Contradictions existed in the evidence of both the parties and defence of tenant was more plausible as compared to the contention of landlords---Impugned order passed by the Rent Controller was unexceptional and did not warrant interference by the High Court---Appeal was dismissed in circumstances.