Law: Constitution of Pakistan, 1973

Section: 199

Law: Constitution of Pakistan, 1973

Section: 199

Law: Punjab Rented Premises Ordinance (XXI of 2007)

Section: 15,22

Punjab Rented Premises Ordinance (XXI of 2007)-------Ss. 15(a), 19 & 22---Ejectment petition---Expiry of period of written tenancy---Leave to defend, application for---Plea of tenant (a Public Limited Company) that tenancy was orally extended for another three years---Validity---Such company could not be presumed to have orally agreed to alleged extention---Original tenancy was in written form, thus, extention thereof should have been in same manner and could not be extended orally by any stretch of imagination---Such plea was repelled in circumstances. PLD 2009 SC 789 ref. Sher Zaman Khan for Petitioner. Muhammad Saleem Chaudhary-I for Respondents. Date of hearing: 26th May, 2011. JUDGMENT SYED KAZIM RAZA SHAMSI, J.--- This constitutional petition filed under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 is directed against an order dated 15-10-2010 passed by Mr. Muhammad Musharaf Hassan Sumra, the learned Additional District Judge, Lahore whereby an order dated 11-11-2009 passed by Mr. Zahid Hussain Bakhtiar, the learned Special Judge Rent Lahore, dismissing the application seeking leave to defend the ejectment petition was dismissed and the ejectment petition was accepted. 2. The facts, leading to the instant constitutional petition briefly stated, are that Atiq-ur-Rehman and 5 others instituted a petition under section 15 of the Punjab Urban Rented Premises Ordinance No. XXI of 2007 against M/s. Bata Pakistan Limited seeking its ejectment from the premises on the ground of the expiry of the written agreement and default in the payment of rent for the month of April and May, 2008. It has been averred in the petition that the shop in dispute was rented out to the respondent on the basis of an agreement executed on 1st April, 2005 for 3 years till 31-3-2008 at the rate of Rs.65,000 per month. It was a clause of an agreement that the period of 3 years could be extended further with the mutual consent of the parties. It is the stand of the ejectment petitioner that the rent agreement was never extended after 31-3-2008 and that the respondent did not pay the rent for the month of April and May, 2008, as such, it is liable to be ejected…

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