| Citation(s) |
|---|
| 2015 SLG 2222 2015 SLD 2222 2015 YLR 2045 |
Lahore High Court
W.P. No. 3224 of 2012, decided on 27th February, 2013
RAUF AHMAD SHEIKH, J
Ajam Naz Malik for Petitioners. Sardar Muhammad Hafeez Khan for
Respondent
W.P. No. 3224 of 2012, decided on 27th February, 2013
RAUF AHMAD SHEIKH, J
Ajam Naz Malik for Petitioners. Sardar Muhammad Hafeez Khan for
Respondent
ABU AL BAYAN MUHAMMAD FAISAL and another
VS
Ch. MUHAMMAD RIAZ and 2 others
Law:
Section:
(a) Punjab Rented Premises Act (VII of 2009)--- ----Ss. 8, 9(b) & 19---Constitution of Pakistan, Art.199---Constitutional petition--Un-registered tenancy agreement---Non-deposit of fine before filing ejectment application before Rent Tribunal---Maintainability of ejectment petition---Tenancy agreement was not registered in accordance with law and the petition was filed without payment of fine---Ejectment petition filed within the cushion period provided under S.8 of the Punjab Rented Premises Act, 2009 was not bad for non-deposit of the fine---In the present case, the Rent Tribunal had directed the landlord to deposit amount which was equivalent to 5% of fine---Ejectment petition was maintainable under the law. (b) Punjab Rented Premises Act (VII of 2009)--- ----S. 19---Constitution of Pakistan, Art. 199--- Constitutional petition---Maintainability---"Rented property"---Determination---Construction on rented plot by tenant---Effect---Tenant obtained a vacant plot on rent and thereafter constructed building on the said plot---Question was as to whether Rent Tribunal was competent to entertain petition against building constructed by tenant and same was a "rented premises"---Held, purpose for which the plot was leased would determine the nature of property---Tenancy agreement showed that neither any building was leased out nor the vacant possession of the land was rented out for construction of building but was rented out for business purpose---Tenant had established a show room on the rented vacant plot---Rent Tribunal had the jurisdiction to deal with the ejectment petition of rented premises in circumstances. (c) Punjab Rented Premises Act (VII of 2009)--- ----S. 19---Constitution of Pakistan, Art. 199--- Constitutional petition---Agreement of tenancy---Amount spent by tenant on rented land---Tenant had spent heavy amount on construction of office and showroom on the land and for obtaining connections of supply etc. there---Tenant claimed amount spent by him on rented premises---Validity---Agreement of tenancy was a basic document and mutual rights and liabilities for the parties would be determined under the same---Agreement of tenancy provided therein…
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