Law: Punjab Rented Premises Act, 2009

Section: 9(b),8

Law: Punjab Rented Premises Act, 2009

Section: 9(b),8

Punjab Rented Premises Act (VII of 2009)-------S. 8---Oral existing tenancy---Provision of S.8 of the Punjab Rented Premises Act, 2009 is applicable to oral existing tenancy only but not to written existing tenancy---Where the case pertained to oral existing tenancy, landlord was entitled to the benefit of the comfort period provided in S.8 of the Act. Majid Khan through Special Attorney and 2 others v. Mst. Naseem Bibi and 9 others PLD 2010 Lah. 389 and Muhammad Usman and another v. Additional District Judge, Lahore and 2 others PLD 2010 Lab. 281 fol. Messrs Wateen Telecom (Pvt.) Ltd. through Attorney v. Malik Abdul Ahad and 2 others PLD 2009 Lah. 429 distinguished. Malik Noor Muhammad Awan for Petitioner with Petitioner in person. Respondent No.2 in person. JUDGMENT SYED MANSOOR ALI SHAH, J.--- Brief facts of the case are that respondent No.2 filed an ejectment petition against the petitioner on 17-11-2009 under the Punjab Rented Premise Act, 2009 (Act) on the basis of an "ORAL EXISTING TENANCY". The petitioner filed leave to contest on 5-12-2009 and vide order dated 21-12-2009 learned Special Judge Rent, Lahore dismissed the leave to contest of the petitioner and ordered eviction of petitioner from the demised premises. The petitioner preferred an appeal before the Addl. District Judge, Lahore on 9-1-2010. During the pendency of the said appeal petitioner preferred an application on 17-2-2010 for dismissal of the ejectment petition contending that under section 9(b) of the Act the ejectment petition was not entertainable without the deposit of fine @ 10% of the annual value of rent of the premises. The said application was dismissed vide impugned order dated 30-6-2010 passed by the learned Addl. District Judge, Lahore. 2. Counsel for the petitioner submits that respondent No.2 has failed to comply with the provisions of section 9(b) of the Act. It is contended that section 9(b) of the Act provides a pre-condition and the ejectment petition could not have been entertained without the said deposit. It is further contended that subsequent deposit of the said penalty does not cure the defect. Therefore, the ejectment petition and the proceedings thereunder are a…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492