2024 YLR 1981 LAHORE-HIGH-COURT-LAHORE

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Sohail Niaz Khan VS Bilal Rizwan Ss. 19 & 22---eviction petition---Relationship of landlord and tenant, denial of---Legal heirs of original landlord/land-owner, entitlement of---Scope---Oral tenancy---Scope---Failure to deposit rent---Effect---eviction orders were concurrently passed against the petitioner / tenant---Plea of the petitioner /tenant was that he was paying rent to the mother of the respondent (ejectment petitioner ) after the demise of respondent's father, the original landlord---Validity---Demand of the rent by the respondent (ejectment petitioner/landowner) was not neutralized by conflicting demand by any other legal heir including the mother of the respondent---Petitioner was under obligation to make payment of rent to the respondent, keeping in view the settled principle of law that once a tenant is always a tenant---Admittedly, the petitioner was not holding the rented premises for any fixed period---Oral tenancy is a tenancy on month to month basis and the petitioner was obligated to vacate the rented premises upon intimation of the landlord---No other person on behalf of father of the respondent had come forward to lay any claim, although the sale deeds, pertaining to the rented premises, in favour of the respondent depicting him exclusive owner thereof were also not disputed ,therefore, denial of the tenancy relationship by the petitioner with the respondent was contumacious---Petition for leave to contest, moved by the petitioner / tenant, was rightly dismissed and ejectment order had been correctly passed by both the Courts below---No gross illegality, misappreciation of record or procedural improprietycould be pointed out by the petitioner in the impugned eviction orders having been concurrently passed by the both the Courts below---Constitutional petition filed by the tenant was dismissed, in circumstances.