Law: Constitution of Pakistan, 1973

Section: 199

Law: Rent Restriction Ordinance 1959

Section: 13

Constitution of Pakistan, 1973-- ----Art. 199--Ejectment petition--Allowed--Appeal--Dismissed--Filling of writ petition--Allowed--Case was remanded back--Question of--Whether petitioner is bound to return actual amount of pagri or 50% of market value of shops--Oral tenancy--Challenge to--Pagri is neither a security deposit nor it could be adjusted against rent, hence landlord could not be debarred from institution of eviction proceedings merely because pagri was paid--In absence of any agreement to contrary, law including Act of 2009 does not recognize any automatic increase in amount of pagri or its return at prevailing market value of rented property when eviction orders is passed--In present cases, as there was no written agreement for return of pagri amount at 50% of prevailing market value of shops and further exact amount of pagri paid at time of tenancy in year 1982 and 1990, has been established, therefore, respondent is only entitled to receive back actual Pagri amount paid and not 50% of present market value of shops or any additional amount over and above pagri amount paid--Learned Appellate Court in impugned order instead of awarding exact amount of pagri paid i.e. Rs.250,000/- for shop No.8 and Rs.75000/- for shop No.9, awarded 250,000/- each for two shops (total pagri amount of Rs.500,000/-), which is neither supported by record nor based on law--Petition was dismissed. THIS JUDGMENT DELIVERED BY: ABID AZIZ SHEIKH, J.- This judgment will also decide Writ Petition No. 176923/2018, as both these petitions are filed against the same impugned order dated 08.2.2018 passed by learned Appellate Court. 2. Brief facts are that one Muhammad Ismail (herein after referred to as petitioner) filed ejectment petition against Muhammad Aslam (herein after referred to as respondent). The ejectment petition was contested and after framing of issues and recording of evidence, ejectment petition was finally allowed on 28.3.2017. The respondent appeal was dismissed on 19.8.2017. The respondent being aggrieved filed Writ Petition No. 65834/2017, which was allowed and matter was remitted back to learned Appellate Court to re-adjudicate upon the issue of "Pagri" through…

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