Law:

Section:

Punjab Rented Premises Act, 2009 --.-- --.-- Ss. 15 & 19 --.-- Ejectment petition --.-- Rent-deed --.-- Tenure of tenancy was extended with mutual consent --.-- Terms and conditions of rent agreement would remain unaltered --.-- Bound to increase rent --.-- Validity --.-- It was settled between parties that terms of lease agreement will remain un-altered --.-- On having admitted payment of rent, subsequently, petitioner is estopped to question authority in ejectment petition and cannot approbate and reprobate or say hot and cool in same breath --.-- Concurrent findings were not called for any interference by High Court in absence of any illegality or any other error of jurisdiction. 2007 MLD 1710 rel. ORDER Through this writ petition, the petitioner challenges the order dated 13.01.2016 passed by the Special Judge, Rent Lahore whereby theejectment petition filed under Section 19 of the Punjab Rented Premises Act, 2009 filed by Respondent No. 1 was allowed and the judgment dated 22.04.2016 passed by the learned Addl. District Judge, Lahore dismissing the appeal of the petitioner. 2. Brief facts of the case are that Respondent No. 1, a Charitable Society Trust, filed an ejectment petition against the petitioner contending that the petitioner/respondent obtained properly Bearing No. 55-C-III, Gulberg-III, Lahore on rent through a rent deed dated 11.06.2002 at monthly rent of Rs. 70.000/- per month for a period of five years i.e. till 10.06.2007. With the mutual consent of the parties, the tenure of tenancy was extended for a further period of five years through a written agreement with the stipulation that all other terms and conditions of rent agreement dated 11.06.2002 would remain intact/unaltered. According to clause 5 of the agreement the petitioner was bound to increase rent by 7.5% each year. In view of the agreement after 01.07.2009 the monthly rent became Rs. 116,133/- and after deduction of withholding tax the petitioner was bound to pay Rs. 108,031/- but the petitioner paid Rs. 106,811/- and thereafter till to date the rent has been paid at the same rate although it was to be increased @ 7.5% per annum in terms of the rent agreement. It was further…

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