Law:

Section:

Constitution of Pakistan, 1973-- ----Art. 199--Ejectment petition--Relationship of landlord and tenant--No written tenancy agreement and relationship of land lord and tenant--Validity--No such admission was available on record on part of petitioner nor had he admitted being a tenant under respondent--Observation of first appellate Court was based upon mis-reading and mis-construction of pleadings of parties. THIS JUDGMENT DELIVERED BY: ARSHAD MAHMOOD TABASSUM, JUSTICE---.--- Respondent No. 3 instituted an application for ejectment of the petitioner from House No. 5, Block Y, Street D, built upon a piece of land measuring 5 marlas, situated, in New Multan, claiming himself to be landlord and the petitioner a tenant under him. He claimed that rent at the rate of Rs. 6,500/- per month was fixed and the tenant had been paying the same since November, 2008, but he failed to make payment of the same from April, 2009 till the institution of the ejectment petition on 31.05.2010. He, therefore, sought eviction of the petitioner on the ground of default in payment of rent, damage caused to the demised premises and that he required the demised, premises for his personal bona fide need. The petitioner submitted application for leave to defend on the ground that relationship of landlord and tenant did not exist between the parties, rather, the respondent had sold the said house to him through an agreement to sell and that he had instituted a suit for specific performance of agreement to sell, which was pending in the Court of learned Civil Judge, Multan. He further maintained that he never made payment of any amount of rent to the Respondent No. 3. The learned Special Judge (Rent), vide order dated 24.07.2010, dismissed, the application for leave to defend and simultaneously, passed order for eviction of the petitioner from the demised house within a period of 30 days. The petitioner assailed the said order through filing an appeal before the learned DJ, which was decided by a learned Additional District Judge, Multan vide judgment dated. 22.10.2010 and the appeal was dismissed, hence, this petition. 2. Learned counsel for petitioner has argued that both the Courts below…

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