Law: Punjab Rented Premises Act, 2009

Section: 15,19E

Punjab Rented Premises Act (VII of 2009) Ss.15 19Ejectment of tenantMortgage deed (Girvee) was tenant in the premises owned by respondentEviction order passed by Trial Court was maintained by Lower Appellate CourtValidityNeither petitioner/tenant filed any suit for redemption nor respondent/landlord filed suit for recovery of amount on the basis of usufruct mortgage For all intents and purposes it was a rent agreement and relationship of landlord and tenant existed notwithstanding title and terms of mortgage deed with regard to possession Petitioner/tenant was rightly ejected and two Courts below did not commit any illegality warranting interference by High Court in exercise of Constitutional jurisdiction, particularly in absence of suit for redemption or suit for right of foreclosure Constitutional petition was dismissed, in circumstances. Asif Raza Mir v. Muhammad Khurshid Khan 2011 SCMR 1917; Abdus Salam and 2 others v. Ch. Noor Muhammad 1991 SCMR 2346; Abdul Haq v. Ali Akbar and others 1999 SCMR 2531; Mst. Maqbool and others v. Samandar Khan PLD 1969 Pesh. 216; Muhammad Abdullah v. Abdul Jabbar PLD 1967 Lah. 1000 and Raza Hussain v. Muhammad Ismail PLD 1973 Note 114 rel. ORDER ALI BAQAR NAJAFI, J. Through this Constitutional petition filed under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 concurrent findings recorded by the Special Judge (Rent) as well as by the learned Addl. District Judge, Lahore dated 18.05.2013 and 30.01.2016, respectively, have been challenged whereby the ejectment petition filed by respondent No.1 against the petitioner in respect of the property measuring 6marla (described in the petition) situated at Maryam Siddiqa Colony, Shahdara Town, Lahore was allowed. 2. Briefly, the facts giving rise to the filing of the present petition are that the respondent No.1 hypothetically got the possession of said house of 6marla from the petitioner through a Usufruct Mortgaged Deed dated 30.01.2009 against Rs.1,00,000/ but the said document also contained a condition that during the period of five years the petitioner would continue to pay Rs.6000/ as monthly rent before 16th of every month to the respondent No.1 from whom…

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