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Settled principle of law that a landlord may not be essentially an owner of the property and ownership may not always be a determining factor to establish the relationship of landlord and.......

 It is a well settled principle of law that a landlord may not be essentially an owner of the property and ownership may not always be a determining factor to establish the relationship of landlord and tenant between the parties. However, in the normal circumstances, in the absence of any evidence to the contrary, the owner of the property by virtue of his title is presumed to be the landlord and the person in possession of the premises is considered as a tenant under the law. The tenancy may not be necessarily created by a written instrument in express terms, rather may also be oral and implied.

It is trite law that a person cannot remain in occupation of rented premises simply because he asserts to be the owner of the rented premises and has instituted a suit for declaration in this regard.

C.P.2885/2022
Nasir Khan v. Nadia Ali Butt and others
Mr. Justice Syed Hasan Azhar Rizvi
08-11-2023










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