Case Details

Citation(s)
2020 SLG 2214 2020 SLD 2214 2020 YLR 2115
Lahore High Court
Writ Petition No. 74606 of 2019, heard on 16-03-2020
SHUJAAT ALI KHAN, JUSTICE
Ahsan Bhoon, Hafeez ur Rehman Chaudhary and Noor Dad Chaudhary for Petitioner. Mehr Abdul Shakoor for
Respondents Nos. 3 to 9.

AKHTAR MEHMOOD

VS

SPECIAL JUDGE (RENT), LAHORE AND 8 OTHERS

Law:

Section:

(a) Punjab Rented Premises Act (VII of 2009)--- ----Ss. 19 & 10---Eviction petition---Effect of other agreement---Scope/tenant assailed concurrent dismissal of his application seeking leave to contest---Validity, in his application seeking leave to contest, had admitted payment of rent notwithstanding execution of two agreements to sell---Execution of agreements to sell alone could not be used to accept that tenancy between the parties had come to an end---Section 10 of Punjab Rented Premises Act, 2009, dealt with such a situation where parties opted to enter into another agreement during currency of the tenancy---Cursory glance over the agreements to sell showed that in none of them it had been clarified that tenancy would come to an end---Constitutional petition was dismissed. United Bank Limited Sahiwal through its Attorney v. Messrs Aziz Tanneries (Pvt.) Ltd. through its Chief Executive/MD and others 2004 CLD 1715; Shajar Islam v. Muhammad Siddique and 2 others PLD 2007 SC 45; Kabir Ahmad v. The Additional District Judge, Lahore and another 2018 CLC 161; JDW Sugar Mills Ltd. and others v. Province of Punjab and others PLD 2017 Lah. 68; Messrs Shaikh Naveed Ikhlas and 2 others v. Shaikh Abdul Hafeez and 6 others 2017 CLC 1278; Abdul Ghafoor v. Additional District Judge and others 2015 CLC 229; Muhammad Asif v. Amina Bibi and others 2014 MLD 1084; Haji Muhammad Saeed v. Additional District Judge 2012 MLD 108 and Qamar-ud-Din v. Abdul Latif and others PLJ 2009 Lahore 791 ref. (b) Punjab Rented Premises Act (VII of 2009)--- ----S. 19---Ejectment petition---Scope---Even one of the legal heirs of the deceased landlord can file ejectment petition. Anwar Khan v. Abdul Manaf 2004 SCMR 126 rel. (c) Specific Relief Act (I of 1877)--- ----S. 12---Agreement to sell---Scope---Mere execution of an agreement to sell does not create any vested right or title in favour of a vendee except to provide him a cause of action to sue the vendor. Muhammad Ibrahim and 44 others v. Fateh Ali and 30 others 2005 SCMR 1061 and Mst. Rasheeda Begum and others v. Muhammad Yousaf and others 2002 SCMR 1089 ref. JUDGMENT SHUJAAT ALI KHAN, JUSTICE:---.--- Unnecessary details apart,…
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