| Citation(s) |
|---|
| 2022 SLG 1661 2022 SLD 1661 2022 PLJ 942 |
Lahore High Court, Multan Bench, Multan
W.P. No. 10461 of 2022, decided on 7.7.2022.
AHMAD NADEEM ARSHAD, J.
M/s. Malik Javed Akhtar Wains and Muhammad Irfan Wyne, Advocates for Petitioners. M/s. Syed Tajammul Hussain Bukhari and Malik Muhammad Fayyaz-ul-Haq Arain, Advocate for
Respondents No. 3-5.
W.P. No. 10461 of 2022, decided on 7.7.2022.
AHMAD NADEEM ARSHAD, J.
M/s. Malik Javed Akhtar Wains and Muhammad Irfan Wyne, Advocates for Petitioners. M/s. Syed Tajammul Hussain Bukhari and Malik Muhammad Fayyaz-ul-Haq Arain, Advocate for
Respondents No. 3-5.
Mistary SHAHID KARIM
VS
ADDITIONAL DISTRICT JUDGE etc.
Law: Punjab Removal from Service (Special Powers) Ordinance, (XVII of 2000)
Section: 15
Law: Qanun-e-Shahadat (10 of 1984)
Section: 115
Punjab Rented Premises Act, 2009 (VII of 2009)-- ----S. 15--Ejectment petition--Allowed--Appeal--Dismissed--Rent agreement--Default in payment of rent--Expiry of tenancy agreement--Concurrent findings--Relationship of landlord and tenant--Question of--Whether any relationship of landlord and tenant existed between parties or not--A landlord may not be essentially an owner of property and ownership may not always be a determining factor to establish relationship of landlord and tenant between parties--Relationship of landlord and tenant was existed between petitioner and predecessor of respondents--Courts below rightly declared that in presence of relationship of tenancy between parties, respondents are entitled for outstanding rent as claimed for--Petition dismissed. 1990 CLC 246; 1989 CLC 783. Qanun-e-Shahadat Order, 1984 (10 of 1984)-- ----Art. 115--Once a tenant always tenant--A person entering premises as tenant cannot be permitted to deny that status as estoppel under Article 115 of Qanun-e-Shahadat Order, 1984 would operate and principle “once a tenant always a tenant” would apply--Once relationship of tenancy is proved, at once Article 115 of Qanun-e-Shahadat Order, 1984 will come into play. Ref. PLD 2006 SC 549; 2011 SCMR 320. JUDGMENT Through this petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 the petitioner has called in question the validity and legality of judgment/order and memo of cost dated 23.09.2021 passed by the learned Special Judge Rent, whereby the ejectment petition of Respondents No. 3 to 5 was allowed and the judgment and memo. of cost dated 11.06.2022 passed by the learned Appellate Court, whereby appeal preferred by the petitioner was dismissed by upholding the judgment of learned Special Judge Rent. 2. Inessential details apart, Respondents No. 3 to 5 (hereinafter referred to as “respondents”) filed an ejectment petition against the petitioner with regard to property No. 114/W.9.M where the petitioner is running his business in the name and style of “Dehli Motor Workshop” situated at LMQ Road Nawan Sher, Multan, (herein after referred to as “rented premises”) by contending that earlier their…
Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492