Law:

Section:

Constitution of Pakistan (1973)------ Art. 185(3)-Transfer of Property Act (IV of 1.882), Ss. 111 & 116 ­Lease-Expiry of period of lease-Tenancy by holding over-Onus of proof upon lessee-Mode of proof. In order to succeed in establishing his right to the renewal of the lease by holding over, the onus of the proof whereof lay heavily upon the lessee, he bad to prove that after the determination of the original lease the lessor or his legal representative accepted rent from the lessee or otherwise assented to his continuing in possession. For valid reasons the receipt of the rent before the determination of lease was not considered sufficient to satisfy the requirements of law for effecting the renewal of the lease by holding over. Samad Mahmood, Advocate Supreme Court instructed by Khan Imtiaz Muhammad Khan, Advocate-on-Record for Petitioner. Ch. Abdur Rehman, Advocate Supreme Court instructed by Ch. Akhtar Ali, Advocate-on-Record (absent) for Respondents. Date of hearing: 31st October, 1983. ORDER ZAFFAR HUSSAIN MIRZA, J.-The petitioner was granted a lease of land for the purpose of installing and running a. Brick Kiln by Ch. Khuda Bakhsh, the predecessor-in-interest of the respondents by means of a registered deed dated 9-4-1955, for a period of 19 years ending on 8-4-1974. On the expiry of the lease period the respondents called upon the petitioner to surrender the possession of the demised property, but as the petitioner did not comply, they brought a suit for his ejectment and recovery of mesne profits. The petitioner contested the suit and his main plea was that after the expiry of the original period of lease he continued to be the lessee of the land by holding over. In support of this plea the petitioner relied upon a receipt for payment of lease money, dated 11-3-1973 executed by Fazal Karim respondent as rent for the year 1973-74. The learned trial Court found that the aforesaid basis was not sufficient to support the right claimed by the petitioner as a tenant by holding over, for the reason that the payment admittedly made during the subsistence of the original lease, could not be held to have the effect of renewal of the lease by holding over.…

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