Law:

Section:

Contract--- ----Landlord and tenant---Breach of contract---Compensation for loss or damage caused by breach of contract---Compensation for failure to discharge obligation created by contract---Suit for recovery of damages---Burden of proof---Scope---Landlords filed suit for recovery of price of articles which were removed by the tenant while handing over possession of the suit property---Trial court decreed the claim to a certain extent---Validity---Landlords had to first prove that at the time of handing over possession of the property on rent, said articles were installed and handed over to the tenant---Trial Court had erred in law while holding that the tenant had failed to prove that the articles belonged to him, hence, he had no right to remove the same and as such liable to pay price so that the landlords be compensated---Landlords had not alleged that at the time of handing over the possession of the suit property on rent to the tenant said articles were installed---Revision petition was allowed, concurrent findings of the courts below were set aside and the suit was dismissed, in circumstances. JUDGMENT MUHAMMAD AMEER BHATTI, J.--- This revision petition is directed against the concurrent findings of facts recorded by both the learned Courts below, whereby the suit instituted by the respondents was decreed by the learned trial Court vide judgment and decree dated 18.11.2006 but not to the satisfaction of the claim lodged by the respondents-plaintiffs. Consequently, both the parties preferred appeals and in the ultimate, petitioners appeal was dismissed, however, the appeal of the respondents was partially accepted to the extent of enhancement of the price of hand-pump and doors, hence, this revision petition. 2. I have examined record of the case with able assistance of the learned counsel for the parties and also considered the arguments, addressed by them. It is noticed that suit of the respondents was based on the report submitted by the Bailiff, who got vacated the suit property from the petitioner in execution of the decree passed by the learned Rent Controller against the petitioner, wherein he alleged that the articles mentioned in para 8 of the…

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