Law: Punjab Rented Premises Act, 2009

Section: 15

Law: Constitution of Pakistan, 1973

Section: 199

Punjab Rented Premises Act, 2009 -- ----S. 15--Constitution of Pakistan, 1973, Art. 199--Ejectment petition--Allowed with direction to vacate within thirty days--Appeal--Dismissed--Remanded to trial Court for payment of pagri--Period of rent deed was 11 months--Extendable with mutual consent of parties--Pagri was not mentioned in rent deed--Determination--It is settled by now that where period of tenancy has expired, tenant who relies upon its extension has to establish through cogent evidence time period for which it has been extended otherwise, oral extension would be tantamount to extension of one month only and such tenancy has got to be extended on each and every successive month and terminable at one month's noticed--Petitioner has failed to establish extension of tenancy, therefore, Courts below were justified to pass ejectment order against him as expiry of period of tenancy is a ground to pass such an order--No exception can be taken to same--Question of "pagri" cannot be clubbed with question of expiry of period of tenancy in this case and both are to be dealt with separately--Consequently, appellate Court was justified in maintaining order of eviction and separately remanding matter relating to "pagri" for determination by trial Court--No illegality has been pointed out in impugned , therefore, no exception can be taken to same--Petition was dismissed. 2016 MLD 1095; 2015 CLC 1187 and 2011 YLR 2205 ref. THIS ORDER PASSED BY: Through this constitutional petition the petitioner has challenged the judgment dated 06.08.2018 passed by learned Additional District Judge, Lahore, whereby appeal filed by the petitioner was dismissed and the order dated 07.10.2017 passed by the Special Judge (Rent), Lahore was upheld with modification. 2. The brief facts of the case are that Ch. Muhammad Saeed, predecessor-in-interest of Respondent No. 3 was owner in possession of Shop No. 13, Plot No. 08, Azmat Plaza Main Commercial Zone, Allama Iqbal Town, Lahore. After his death on 23.10.1989, his widow rented out the said shop to petitioner for rent of Rs.1400/- per month vide written tenancy agreement dated 22.01.1990 and presently the monthly rent of the shop is…

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