Law: Cantonments Rent Restriction Act, 1963

Section: 17,2(g),2(j)

Law: Qanun-e-Shahadat (10 of 1984)

Section: 117

(a) Cantonments Rent Restriction Act (XI of 1963)--- ----S. 17---Qanun-e-Shahadat (10 of 1984), Art. 117---Ejectment petition---Maintainability---Denial of relationship of landlord and tenant by tenant---Burden of proof---Default in payment of rent---Ancestral property---Rent Controller, jurisdiction of---Payment of rent---Scope---Contention of landlord was that tenants had committed default in payment of rent whereas tenants had denied the relationship of landlord and tenant between the parties---Ejectment petition was accepted by the Rent Controller---Validity---Alleged rented premises was occupied by the tenants in lieu of vacating ancestral property as co-sharer and same was not taken into possession as tenant---No evidence to prove the relationship of landlord and tenant was discussed in the impugned order---Burden of proof to establish the relationship of landlord and tenant was on the landlord---Issue with regard to relationship of landlord and tenant was framed without placing/noting burden of proof which was improper exercise of jurisdiction---Findings that tenants could not prove the relationship of landlord and tenant were against the principle of law of evidence and were not sustainable in the eye of law---Relationship of landlord and tenant did not exist between the parties---Landlord had failed to prove that tenants paid rent as a consideration for possession or occupation of the premises---Present application for eviction was not maintainable and Rent Controller had no jurisdiction in the matter---Eviction could not be sought before the Rent Controller without establishing the relationship of landlord and tenant---Payment of rent was sine qua non for the relationship of landlord and tenant---Findings recorded by the Rent Controller were reversed and impugned order was set aside---Eviction petition filed by the landlord was dismissed---Appeal was accepted in circumstances. Abdul Haque v. The State PLD 1996 SC 1 rel. (b) Cantonments Rent Restriction Act (XI of 1963)--- ----S. 2 (g)---"Landlord"---Meaning---Person entitled to receive rent in respect of any building whether on his own account or for the benefit of another person for the time being…

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