| Citation(s) |
|---|
| 2025 SLG 5176 2025 SLD 5176 = 2025 LHC 330 |
Writ Petition No.3978 of 2024
PRESENT; (JAWAD HASSAN) JUDGE
Date of hearing 10.02.2025 Petitioner(s) by Mr. Hassan Raza Pasha, ASC.
Respondent(s) by Mr. Shahid Latif Hashmi, Advocate for
Respondent No.3.
Izzat Khan V/S Additional District Judge etc.
Law: Constitution of Pakistan, 1973
Section: 2(D)
Law: Punjab Rented Premises Act, 2009
Section: 2(I)
SUMMARY
The petitioner invoked Article 199 of the Constitution to challenge concurrent findings of the Special Judge (Rent), Gujar Khan (dated 28.11.2023) and the Additional District Judge, Rawalpindi (dated 24.10.2024) whereby the ejectment petition filed by Respondent No.3 was allowed.
Respondent No.3 sought eviction on the grounds of default of rent and personal need, asserting ownership through registered sale deed No. 1079 dated 05.07.2018 and subsequent mutation No.4190 dated 30.10.2018. The petitioner denied the landlord–tenant relationship, claiming to have purchased the same shop earlier from the original owner (Sajid Mehmood) through an agreement and mutation No.4240 dated 30.03.2019.
After recording evidence, the Rent Tribunal held that Respondent No.3 established ownership through a valid registered sale deed with complete property description, whereas petitioner’s claim rested upon a mutation lacking proper description, rendering it legally weak. The petitioner failed to prove that his tenancy had ever been converted into ownership.