2024 CLC 1776
The appellants, claiming to be the landlords, filed an ejectment petition against the respondents seeking eviction from a rented house in Rawalpindi on three grounds:Personal bona-fide needDefault in payment of rentDamage to the property
Procedural History:The Additional Rent Controller framed six issues, including the rate of rent, personal bona-fide need, rent default, and damage to the property.The Additional Rent Controller dismissed the ejectment petition.
Legal Issues:Burden of proof for rent defaultAdmissibility of evidence (rent receipt)Multiple grounds for eviction
Court's Decision:Rent Default: The Court held that the appellants successfully shifted the burden of proof regarding rent default to the respondents by filing an affidavit. However, the Court found the rent receipt (Exhibit-P2) relied upon by the Additional Rent Controller to be inadmissible as it was not properly produced and tendered as evidence.Personal Bona-fide Need: The Court dismissed the ground of personal bona-fide need as the appellants had recently obtained possession of other properties through eviction on the same ground.Multiple Grounds for Eviction: The Court applied the principle that if a landlord establishes even one recognized ground for eviction, an eviction order can be granted, even if other grounds are not proven.
Court's Reasoning:The Court applied the principles of the Qanun-e-Shahadat Order, 1984, regarding the burden of proof and admissibility of evidence, even though the Rent Controller proceedings are not subject to its full rigor ([11, 12]).The Court relied on case law to emphasize the proper mode of proving documents and the distinction between "relevance," "admissibility," and "proof" ([11, 12]).The Court ultimately allowed the appeal based on the established ground of rent default ([15, 16]).
Legal Principles Established:When a landlord pleads rent default, they only need to assert the factum with an affidavit, shifting the burden of proof to the tenant.Inadmissible evidence cannot be the sole basis for a decision.A landlord can obtain an eviction order by proving even one recognized ground for eviction, even if other grounds are not established.