Law: Constitution of Pakistan, 1973

Section: 199

Constitution of Pakistan, 1973-- ----Art. 199--Ejectment petition--Writ petition--Consolidated s--Leave to contest was allowed--Ejectment petition was allowed--Direction to eviction of petitioner--Appeals--Dismissed--Rent agreement--Default in payment of rent--Violation of terms and conditions of rent agreement--Willful defaulter--Establishment of relationship of landlord and tenant--Validity of eviction order--Producing of oral and documentary evidence for proving of execution of rent agreement--Challenge to--Once a tenant is always a tenant and if he intends to question title of landlord, he shall have to vacate premises, restore possession to landlord and, thereafter, raise a question of title if he so chosen--Findings of Special Judge (Rent) as affirmed in appeal as to existence of relationship of landlord and tenant between Respondent No. 3 and petitioner, could not be shown to be suffering from any misreading or non-reading of evidence or from any error of law--Plea of alleged purchase of share of other co-sharers by Asad Ali, writ petitioner in connected writ petition, does not help tenant to avoid eviction-- Even if it is assumed that other co-sharers in property had made some transaction in favour of Asad Ali, fact remains that Ghulam Sarwar Bajwa, Respondent No. 3, neither transferred nor sold his share in favour of anyone including Asad Ali; and, being so, he continues to be owner to extent of his share in property--It is settled rule that unlike suit for possession where all co-owners need to be associated either as plaintiffs or defendants, it is not necessary to associate other co-sharers in eviction proceedings and as one of co-landlords by co-owners could seek eviction of tenant without impleading other co-owners or associating them in proceedings--ADJ rightly observed that Ejectment Petition was maintainable, Petitioner was proved to be a tenant of Respondent No. 3 and that his admission of payment of rent to him was sufficient to establish relationship of landlord and tenant and that Respondent No. 3 was competent to sue petitioner for eviction and seek his ejectment without associating other co-owners in ejectment proceedings--Validity of…

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