Law:

Section:

Landlord and tenant--Suit for recovery of rent--Relationship of landlord and tenant disputed-­Persons claiming to be landlords relying on a rent note which did not relate to the property in dispute--Unless such persons were able to establish their title, they would not have any right to recover the rent. Malik Muhammad Azam Rasul, Advocate Supreme Court and Ch. Muhammad Aslam, Advocate-on-Record for Petitioners (in both Petitions). Nemo for Respondents. Date of hearing: 16th August, 1988. ORDER MUHAMMAD AFZAL ZULLAH, J.--Leave to appeal has been sought by a landlords' side against a finding that there was no relationship of landlord and tenant between the parties. Petitioners' civil revision arising out of their civil suit for recovery of rent and their writ petition against the rejection of their eviction application, having been dismissed by the High Court, they have now sought leave to appeal The controversy now left to be resolved, which would determine the fate of both these petitions, revolves around the question whether the petitioners are owners of the property in dispute. It is only when this question is answered in their favour that, m the circumstances of this case, they would be entitled to recover the rent from the respondents' side; and thus only, the relationship of landlord and tenant would be deemed to have been established in this case. The Civil Court, after examination of the evidence led from both the sides, came to the conclusion that the petitioners' side did succeed in establishing the disputed title. However, the respondents' appeals; one against the order of ejectment and the other against the decree, were allowed. It was held that the petitioners had failed to establish their title. The petitioners then challenged the appellate order, regarding application for eviction which stood dismissed by the appellate order, by filing a writ petition in the High Court. They also filed a civil revision challenging…

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