Case Details

Citation(s)
2014 SLG 560 2014 SLD 560 2014 MLD 1113
Lahore High Court
W.P. No. 562 of 2013, decision Dated: 04-03-2013.
RAUF AHMAD SHEIKH, JUSTICE
Malik Hamid Mehmood Khan for Petitioner.

MUHAMMAD TAJ

VS

ADDITIONAL DISTRICT JUDGE, TAXILA AND 3 OTHERS

Law:

Section:

(a) Punjab Rented Premises Act (VII of 2009)--- ----S. 15---Qanun-e-Shahadat (10 of 1984), Art.115---Constitution of Pakistan, Art.199---Constitutional petition---Eviction of tenant---Relationship of landlord and tenant---Denial of, by tenant---Estoppel, principle of---Applicability---Scope---Tenant had taken the possession of rented premises through a duly executed rent note in favour of the landlord---Tenant was estopped from denying the title of the person from whom he obtained the immovable property on rent. (b) Punjab Rented Premises Act (VII of 2009)--- ----Ss. 15(b) & 24(4)---Constitution of Pakistan, Art.199---Constitutional petition---Eviction of tenant---Default in payment of rent---Special Judge directed the tenant to deposit arrears and monthly rent---Order of eviction was passed due to non-compliance of the order of Special Judge---Effect---Tenant was under obligation to deposit the arrears and monthly rent, and tenant became defaulter in case of non-compliance of the order of Special Judge---Order passed by the Special Judge did not suffer from any illegality or infirmity---Constitutional petition was dismissed. THIS ORDER PASSED BY: RAUF AHMAD SHEIKH, JUSTICE:---.--- The petitioner has assailed the vires of judgment and decree dated 21-1-2013 passed by the learned Additional District Judge, Taxila, whereby an appeal filed by him against the order dated 3-1-2012 passed by the learned Special Judge (Rent) was dismissed. 2. The facts in brief as emerge on perusal of the record are that the respondents filed an ejectment petition seeking eviction of the respondents from two shops and one "Bathik" fully described in the head-note and para No. 1 of the petition (hereinafter called the rented premises). It was contended that the respondents obtained the rentedpremises on monthly rent of Rs.5000 through rent deed dated 12-10-2000. He paid the advance rent for two years as per terms embodied in the rent deed but thereafter, started paying rent on monthly basis under mutual agreement. It was contended that from January, 2005, he did not pay the rent and was a defaulter. It was urged that after January, 2007, the rate of rent was Rs.6600 per month after…
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