Law: Punjab Rented Premises Act, 2009

Section: 2(m),6,19

Law: Constitution of Pakistan, 1973

Section: 199

(a) Punjab Rented Premises Act (VII of 2009)--- ----S. 2(m)---Oral tenancy---Rented premises must be rented out through a written tenancy agreement, however, an oral tenancy has not been barred under Punjab Rented Premises Act, 2009. Rana Abdul Hameed Talib v. Additional District Judge Lahore and others PLD 2013 SC 775 and Mirza Book Agency through Managing Partner and others v. Additional District Judge, Lahore and others 2013 SCMR 1520 rel. (b) Punjab Rented Premises Act (VII of 2009)--- ----S. 6--- Tenancy agreement---Relationship of landlord and tenant---Proof---Payment and receipt of rent is sine qua non for establishing relationship of tenancy between the parties. (c) Punjab Rented Premises Act (VII of 2009)--- ----Ss. 2(m), 6 19---Landlord and tenant, relationship---Oral tenancy agreement--- Proof--- Petitioner was aggrieved of eviction order passed by Lower Appellate Court---Validity---In order for an eviction petition to succeed and exercise of jurisdiction by Rent Tribunal under Punjab Rented Premises Act, 2009, it was necessary that respondents were to establish their own case independent of failure of petitioner to successfully challenge their title---Respondents asserted a particular fact regarding existence of relationship of tenancy between the parties on the basis of an oral agreement and was under obligation to prove the same---Witness of respondents contradicted their stance while being cross-examined, therefore, case of respondents squarely fell within the purview of maxim Allegans Contraria Non Est Audiendus (A person who alleges things contradictory to each other is not to be heard)---Settlement of rent was one of the basic requirements for establishing landlord-tenant relationship and in absence of the same, there could not be an oral tenancy---Where settlement of rent was not alleged in eviction petition and thereafter not proved, an eviction petitioner could not succeed merely on the ground of presumption that an eviction petitioner was owner of rented premises was also the landlord---There were other remedies available under the law to owner of such an immovable property to have unlawful occupant or a trespasser who was not a tenant,…

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