Law:

Section:

(a) Specific Relief Act (I of 1877) Ss. 106, 112 & II6 Civil Procedure Code (V of 19(181. O.XX, R.12 _Constitution of Pakistan (1973). Art.185(3) Recovery of' possession and mesne profits Tenant at sufferance Proof Holding over of leased property Default in monthly rent Effect Concurrent findings of facts by the Courts below Suit property was leased out to defendant for a period of two years which period was extended for another two years and the rent was enhanced Defendant agreed to vacate the house on the termination of extended lease period but he did not vacate the house and also defaulted in the payment of telephone charges as well as in monthly rent for four months Trial Court decreed the suit in favour of plaintiff and decree for possession as well as for recovery of defaulted telephone charges and mesne profits at the rate of Rs.40,000 per month was awarded till the delivery of possession ¬Judgment and decree passed by Trial Court was maintained by High Court Plea raised by defendant was that neither plaintiff had produced any evidence to prove the actual loss suffered by her on account of holding over the suit property by defendant, nor Trial Court could award mesne profit double the amount of rent agreed between the parties ¬Validity Trial Court as well as High Court recorded concurrent findings of fact supportable from evidence that defendant continued in possession of suit property without the consent of plaintiff after determination of lease Defendant was rightly held by the Courts, to be liable to hand over the possession to plaintiff along with mesne profits till vacation of suit property and also recovery of telephone charges ¬Lease between the parties was determined by notices thereafter, defendant was not entitled to retain the possession of suit property and was bound in law to deliver the vacant possession of suit property to plaintiff forthwith As defendant failed to make payment of monthly rent for four months, therefore, there was no implied renewal of lease of suit property or that it was a case of holding over by defendant Even otherwise, defendant did not make a specific plea in his written statement as to further extension of…

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