Law: Punjab Rented Premises Act, 2009

Section: 13

Punjab Rent Premises Act, 2009 (VII of 2009)-- ----S. 13--Ejectment petition--Rent deed--Default in payment of rent--No further extension--Challenge to--Claim of petitioner is that he is not tenant through lease agreement but through oral lease agreement with respondents father since last fourty years ago--Plea of petitioner is not supported by any record--In absence of written agreement as to period, tenancy would be on month to month basis and terminable on 30 days notice--Claim of pagri, amount against renovation and payment of tax is also not substantiate through any independent evidence’s own claim that rent was not received by respondents also prove fact that rent was due and petitioner defaulted in payment of rent as claimed in ejectment petition--Petition dismissed. 2015 CLC 1187, 2016 MLD 1095, PLJ 2012 Lah. 3 ref. 2019 MLD 792. ORDER This constitutional petition is directed against the judgments and decrees dated 01.2.2020 and 11.11.2020 passed by learned Special Judge (Rent) and learned Appellate Court, respectively. 2. Relevant facts are that Respondents No. 3 to 7 filed ejectment petition against the petitioner claiming that they are owner of shop No. 3 situated at Aftab Building at Railway Road near street Rex Cinema Sialkot (shop), which was taken on rent by the petitioner through rent deed dated 22.2.2017 for period of 11 months at the rate of Rs. 6500/- per month. However, not only the petitioner defaulted in payment of rent but lease period was also not further extended. The petitioner filed application for leave to defend which was however dismissed and ejectment order was passed on 01.2.2020, which order was upheld by learned Appellate Court on 11.11.2020, hence this constitutional petition. 3. Learned counsel for the petitioner submits that rent deed dated 22.2.2017 is a fictitious document and petitioner is tenant of the shop from father of the respondents (namely Allah Lok) for the last 40 years through oral agreement. Further submits that the petitioner never defaulted in the payment of monthly rent rather it was therespondents who refused to receive the rent, hence impugned judgments are not sustainable. 4. Arguments heard. It is not…

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