Law: Constitution of Pakistan, 1973

Section: 199

Constitution of Pakistan, 1973-- ----Art. 199--Constitution petition--Relationship of landlord and tenant--Sale agreements--Suit for declaration--Decreed--Execution of degree--Transfer of quarter--Ejectment petition filed by petitioner was dismissed--Appeal--Dismissed--Question of whether tenancy between parties existed or not--Concurrent findings--Challenge to--I am of view that a perusal of prayer clause of suit filed by Mst. Hameeda Bibi shows that though she dubbed sale deed as forged, fabricated and unlawful but she confined her claim to extent of one quarter--One thing is clear that respondent is residing in rented premises since time of his father without execution of formal tenancy between parties--So, assertion of petitioner that respondent is residing as tenant is not worth consideration--There is no cavil with preposition that tenant is always a tenant but when a person did not enter premises in capacity of tenant he cannot be dubbed as such just due to filing of ejectment petition and that too in absence of any solid proof--Insofar as case in hand is concerned, when all AWs admitted that respondent has been putting up in demised property without any terms & conditions regarding tenancy since life time of his father, by no stretch of imagination he can be considered as tenant--I have no hesitation to hold that petitioner failed to establish that relationship of landlord and tenant exist between parties--Concurrent findings of facts recorded by the Courts below cannot be upset in Constitutional jurisdiction until and unless they are proved to be perverse or result of arbitrariness which is not the position in the case in hand--Petition was dismissed. THIS ORDER PASSED BY: SHUJAAT ALI KHAN, JUSTICE---.--- Succinctly, the facts forming factual canvass of the instant petition are that Muhammad Jamil etc. were owners of three residential quarters situated in Street No. 48, Mohallah Ashfaqpura, Ghazi Abad, Lahore wherein predecessor-in-interest of the present parties and one Mst. Hameeda Bibi were dwelling as tenants. During currency of the tenancy predecessor-in-interest of the parties and Mst. Hameeda Bibi opted to purchase the said quarters and as a…

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