ABDUL HALEEM vs UMER HAJI ABDULLAH through Legal Heir and others
This petition by the landlord arises from the concurrent rejection of his claim seeking the eviction of the tenant and his assignees on the grounds of default, subletting, and damage to the property. The core legal question concerns whether the tenant's admission in a document regarding the surrender and transfer of tenancy rights was ignored by the lower courts in favour of contradictory oral evidence. The Supreme Court of Pakistan granted leave to appeal, holding that the categorical and unequivocal admission by the tenant regarding the surrender of tenancy rights warranted proper judicial consideration rather than being bypassed for oral testimony. The key principle laid down is that clear documentary admissions by a tenant concerning the relinquishment of tenancy must be duly evaluated and cannot be overridden solely by contradictory oral evidence.
- Whether an unequivocal admission by a tenant regarding the surrender of tenancy rights can be ignored in favour of oral evidence?
- Does the surrender of tenancy rights to a third party constitute subletting or ground for eviction?
- Can leave to appeal be granted when lower courts fail to consider material documentary admissions?
ORDER
' SHAFIUR RAHMAN, J.---This petition by the landlord is directed against a concurrent rejection of his claim seeking eviction of the tenant Umer Haji Abdullah and his assignees on the ground of default, subletting and damage to the property.
2. The contention of the learned counsel for the petitioner is that the tenant/respondent No,1 admitted unconditionally that he had executed the document marked 'L' on 16th of March, 1972 wherein two important admissions were made as hereunder:-- "(i) AND WHEREAS the shop premises in which the said Running Restaurant Business is being carried on, belongs to the landlord Abdul Halim son of Ghulam Muhammad and is situated on Plot No, L.Y.13/188 and the seller is the monthly tenant of the said landlord in respect of the said shop premises.
' That the seller hereby gives up, waives and surrenders the tenancy rights in respect of the said shop premises in which the said Running Restaurant Business is being carried on, in favour of the purchasers,. And the purchasers shall henceforth be fully entitled to get the tenancy rights in respect of the said shop premises transferred in their own names at their own costs and expenses but the seller shall not, in any case, be responsible for getting the tenancy rights in respect of the said shop premises transferred in the names of the purchasers."
3. The contention of the learned counsel for the petitioner is that such a categorical unequivocal admission by the tenant has been altogether. Ignored by both the Courts and instead a decision has been given only on the basis of oral evidence which was not creditworthy and was contradictory.
4. Leave to appeal is granted.