2024 MLD 1785 QUETTA-HIGH-COURT-BALOCHISTAN

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Hunain alias Moon VS Murad Bakhsh Ss.13 & 13(2)(1)---eviction of tenant---Default in payment rent---Rent Tribunal ordering recovery of outstanding rent alongwith utility bills---Legality---Denial of relationship of landlord and tenant---Tenancy without written instrument---There was no evidence to substantiate the contention of the appellant that the premises in question was rented out by another person, whereas, respondent/landlord through revenue record proved that he was the recorded owner of the property, which aspect of the matter had neither been rebutted by the tenant nor any sufficient evidence was produced to justify his possession in any lawful capacity---Tenant failed to produce any title document to support his possession over the premises in question, therefore, Rent Controller was competent to determine the relationship of landlord and tenant between the parties---Absence of tenancy agreement or rent receipt was not the determining factor to establish relationship of landlord and tenant and in absence of any contrary evidence, owner of the property by virtue of his title was presumed to be landlord and person in possession of the premises was considered as tenant under the law---Tenancy may not be necessarily created by written instrument in express terms rather may also be oral and implied---Appellant without any title document had challenged the ownership of landlord---Such conduct of the tenant was sufficient to hold him as defaulter of rent---Appeal was dismissed accordingly.