Law: Specific Relief Act, 1877

Section: 8

Law: Transfer of Property Act, 1882

Section: 106

Specific Relief Act (I of 1877)---S. 8---Transfer of Property Act (IV of 1882), S.106---Suit for recovery of possession and compensation for use of house after expiry of lease period---Suit decreed by Trial Court for possession and recovery of compensation at rate of double rent till vacation of house by defendant--High Court in appeal modified decree partly allowing compensation at the rate of 10% of rent---Validity---No fresh lease agreement had been made after expiry of lease period--Defendant had not responded plaintiff's notice demanding from him vacation of premises and recovery of compensation---Suit house for being situated in a posh locality of the city could fetch much more rent than demanded by plaintiff---Supreme Court set aside impugned and maintained decree passed by Trial Court in circumstances. Habib Bank Limited v. Dr. Munawar Ali Siddiqui 1991 SCMR 1185 ref. JUDGMENT IJAZ-UL-HASSAN KHAN, J.--- This direct appeal has been filed by Mian Muhammad Amar Yousaf, appellant, against judgment dated 2-9-2002 passed by a learned Division Bench of Lahore High Court, Rawalpindi Bench, Rawalpindi partly allowing R.F.A. No.255 of 1993 preferred by respondent Government. 2. Precisely stated the facts of the case are, that appellant leased out his House No.10, Street No.51, Sector F.8/4, Islamabad to respondent firstly from 31-7-1982 and secondly from 1-8-1986 to 31-7-1989. The rent was fixed at the rate of Rs.5600 per month for second term. After expiry of the lease period, appellant filed a suit seeking decree for possession of the house and recovery of arrears of Rs.1,91,200 from 1-8-1989 to 31-12-1991 and onwards at the rate of Rs.12,000 per month, till its vacation. The suit was resisted on all grounds legal as well as factual. In view of the pleadings of the parties, following issues were framed for trial:-- (1) Whether the suit is not maintainable under the law and facts ? OPD (2) Whether the lease stands valid by way of holding over the defendant as a tenant? OPD (3) Whether the plaintiff is entitled to get the possession of the suit-land? OPD (4) Whether the plaintiff is entitled to recover an amount of Rs.1,91,200 from 1-8-1989 to 31-12-1991 and…

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