Law: Punjab Rented Premises Act, 2009

Section: 2(e),15

(a) Punjab Rented Premises Act (VII of 2009)--- ----Ss. 15 & 2(e)---Eviction petition---'Pagri' amount, payment of---Court below held that landlord was liable to return lump sum pagri amount of Rs. 500,000/- (Rs. 250,000/- for each shop) to the tenant---Validity---Half of the market value of shops had been paid as pagri to the landlord---Pagri amount paid for one shop was Rs. 75000/- and for other Rs. 250000/---Pagri amount was neither a security deposit nor the same could be adjusted against rent---Landlord could not be debarred from institution of eviction proceedings merely because pagri amount had been paid---Rent Tribunal while deciding eviction petition should have decided the issue of return or confiscation of amount of pagri---Punjab Rented Premises Act, 2009, in absence of any agreement to the contrary, did not recognize any automatic increase in the amount of pagri or its return at the prevailing market value of demised premises when eviction order was passed---No written agreement for return of pagri amount at 50% of prevailing market value of demised premises was on record---Exact amount of pagri paid at the time of tenancy had been established and tenant was bound to receive the same and not as 50% of present market value of the demised premises or any additional amount over and above pagri amount paid---Impugned order passed by the Court below was neither supported by record nor based on law which was set aside and pagri amount was reduced---Constitutional petition was disposed of, accordingly. Mirza Book Agency v. Additional District Judge, Lahore 2013 SCMR 1520; Muhammad Aslam v Hanif Abdullah and Brothers 2003 SCMR 1667; Mrs. Shamim Bano v. Mrs. Nazir Fatima 2001 SCMR 1552; Mrs. Nargis Latif v. Mrs. Feroz Afaq 2001 SCMR 99; Muhammad Ashraf v. Ismail 2000 SCMR 498; Pir Muhammad Manjh v. Naveed Iqbal Malik 2017 MLD 418; Zaheer Ahmad Babar v. Additional District Judge 2015 YLR 1617 and Bawa Shiv Charan Singh v. Commissioner of Income-Tax ILR 1984 Delhi 625 rel. (b) Punjab Rented Premises Act (VII of 2009)--- ----Ss. 2(e) & 15---Eviction of tenant---Tenant had paid amount of Pagri to the landlord---Adjustment of pagri amount at the time of…

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