| Citation(s) |
|---|
| 2015 SLG 2208 2015 SLD 2208 2015 MLD 987 |
Lahore High Court
Writ Petition No. 1440 of 2012, decided on 30th January, 2015.
SHAHID KARIM, J
Ahmad Yar for Petitioner. Muhammad Muzammil Qureshi for
Respondents.
Writ Petition No. 1440 of 2012, decided on 30th January, 2015.
SHAHID KARIM, J
Ahmad Yar for Petitioner. Muhammad Muzammil Qureshi for
Respondents.
[Lahore] SHAFAQ AQEEL
VS
SHAFQAT ALI AMJAD and others
Law:
Section:
Punjab Rented Premises Act (VII of 2009)--- ----S. 15---Constitution of Pakistan, Art. 199---Constitutional petition---Eviction of tenant---Personal bona fide need of landlady---Default in payment of rent---Denial of relationship of landlord and tenant by the tenant---Scope---Contention of tenant was that he was a bona fide purchaser of demised premises---Eviction petition was dismissed concurrently---Validity---Landlady was owner of demised premises by virtue of a registered sale deed---Tenant was in possession of the premises on the basis of oral agreement to sell---Agreement to sell did not confer any right on a person which was subject to adjudication before the civil court---Tenant was bound to prove that he was not tenant of landlord and if he was not tenant, he was in illegal occupation of the property in question---Rent Tribunal, in the present case, had not considered the evidence of landlady in its true perspective and committed error while dismissing the eviction petition---Appellate Court had failed to apply its independent mind while passing the impugned order---Both the courts below had misread the evidence available on record---Impugned orders passed by the courts below were set aside and tenant was directed to vacate the premises in question and hand over the vacant possession of property to the landlady within a specified time---Constitutional petition was accepted in circumstances. Abbas Ali Khan v. Mst. Farhat Iqbal and 2 others 2009 SCMR 1077; Iqbal and 6 others v. Mst. Rabia Bibi and another PLD 1991 SC 242; Shajar Islam v. Muhammad Siddique and 2 others PLD 2008 SC 45; Dilawar Jan v. Gul Rehman and 5 othres PLD 2001 SC 149 and Muhammad Lehrasab Khan v. Mst. Aqeel-un-Nisa and 5 others 2001 SCMR 338 rel. ORDER SHAHID KARIM, J.---This petition relates to the property situated at Shahid Park, Mauza Devipura, Tehsil Cantt. bearing Khata No.54, Khatooni No.483, Khasra No.305, measuring 5-Marlas, Nashtar Town, Lahore. According to the facts in the ejectment petition the said property is owned by the petitioner vide sale-deed No. 18443 dated 10-11-2004. This sale was effected in her favour by her husband. On 19-12-2006 an ejectment petition was…
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