Law:

Section:

(a) Qanun-e-Shahadat (10 of 1984)--- ----Art.103---Written agreement---Exclusion of oral evidence---Scope---Oral evidence could not be preferred over the documentary evidence. (b) Punjab Rented Premises Act (VII of 2009)--- ----Ss. 15, 19 & 34---Qanun-e-Shahadat (10 of 1984), Art.103---Constitution of Pakistan, Art.199---Constitutional petition---Default in payment of rent---Scope---Landlord filed ejectment application against the tenant on account of default in monthly payment of rent as provided in the terms of written agreement---Leave to contest of tenant was declined and the ejectment order was passed by the Rent Tribunal---Appeal filed by the tenant was dismissed---Contention of the tenant/ petitioner was that he had not committed any default in payment of rent as he regularly paid rent but he failed to produce receipts before the Rent Tribunal as the landlord used to issue receipts after six months---Validity /tenant had violated the terms of lease agreement in respect of payment of monthly rent, therefore oral evidence was not required to be recorded/produced in circumstances---Lease agreement was an admitted document and violation thereof was established from the application of leave to contest, therefore Special Judge (Rent) was left with no option to pass an order of ejectment against the petitioner/tenant by dismissing application for leave to contest---Judgment passed by two courts below did not require interference---Constitutional petition was dismissed. Younas Siddique's case PLD 2009 Lah. 469; Muhammad Bashir's case 2010 SCMR 1915 and Bashir Ahmad's case PLD 1995 Lah. 48 ref. Bolan Beverages (Pvt.) Ltd. v. Pepsico Inc. and 4 others PLD 2005 SC 860 rel. THIS JUDGMENT DELIVERED BY: ARSHAD MAHMOOD TABASSUM, JUSTICE:--- .--- Respondent-landlord instituted an application for ejectment of the petitioner from shop No. 1, part of property Unit No. 583, situated in Gulgasht Colony, Multan city, on the ground that petitioner was a tenant under him in view of the registered tenancy agreement dated 28-10-2011; that the monthly rent of the demised shop was fixed at Rs. 18,000 and the same was to be enhanced from 1-1-2012; that the rate of rent was Rs.…

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