Citation Name: 2023 CLC 871 PESHAWAR-HIGH-COURTBookmark this Case NOOR RAHMAN vs SHER AFZAL S

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Citation Name: 2023 CLC 871 PESHAWAR-HIGH-COURTBookmark this Case NOOR RAHMAN VS SHER AFZAL S.13---Eviction of tenant---Payment of security---Scope---Plea of payment of pagri/security does not disentitle the landlord form filing the ejectment proceedings against the tenant on the ground of personal bona fide need---Payment of security cannot operate as an obstacle against the right of landlord to use his own property when genuinely required. Citation Name: 2023 CLC 871 PESHAWAR-HIGH-COURTBookmark this Case NOOR RAHMAN VS SHER AFZAL S.13---Eviction of tenant---Payment of rent---Scope---Section 13(6) of the West Pakistan Urban Rent Restriction Ordinance, 1959, stipulates that if the tenancy relationship is undisputed, the Rent Controller will direct the tenant to deposit all rent payments due and require regular deposits until the final decision of the case---Tenant must deposit the monthly rent payment before the fifteenth of each month---Rent payment becomes due on the last day of the preceding month, and the Rent Controller has no power to extend the payment deadline---Tenant is also not allowed to deposit the rent at his discretion. Citation Name: 2023 CLC 871 PESHAWAR-HIGH-COURTBookmark this Case NOOR RAHMAN VS SHER AFZAL S.13---Eviction of tenant---Expiry of tenancy agreement---Scope---After expiry of tenancy when no further tenancy agreement is executed, tenancy between the parties is to be considered on month-to-month basis, and after expiry of tenancy period the tenant loses his right to continue his possession as a tenant over the rented premises. Citation Name: 2023 CLC 871 PESHAWAR-HIGH-COURTBookmark this Case NOOR RAHMAN VS SHER AFZAL S.13---Eviction of tenant---Sub-letting---Personal need of landlord---Scope---Tenant challenged the court orders that directed his eviction---Validity---Tenant's witness admitted that the tenant was living abroad to earn a livelihood and that he was running a business in the rented premises---Witness also stated that he took possession of the rented premises from the tenant, who had occupied it for only 2-3 months---Landlord's claim that he was in personal need of the rented premises to establish a business for his sons, who had acquired shops on rent in another market, was also admitted by the witness---Landlord was successful in establishing a case for the tenant's eviction, and the petition was dismissed. Citation Name: 2023 CLC 871 PESHAWAR-HIGH-COURTBookmark this Case NOOR RAHMAN VS SHER AFZAL S.13---Eviction of tenant---Deposit of rent through money order---Proof---Tenant contested the court orders directing his eviction---Tenant argued that when the landlord refused to accept the monthly rent, he sent it via money orders---However, this argument was not valid because the tenant did not plead this aspect in his written reply, nor did he present receipts as evidence---Additionally, the tenant did not produce any official from the post office to support his claim about payment through money orders or the landlord's refusal to accept it---Evidence presented by the tenant was not convincing and did not support his submission---Consequently, the petition was dismissed. Citation Name: 2023 CLC 871 PESHAWAR-HIGH-COURTBookmark this Case NOOR RAHMAN VS SHER AFZAL S.13---Eviction of tenant---Expiry of tenancy agreement---Scope---Tenant challenged the court orders that directed his eviction---Validity---Tenancy period had expired and no rent agreement was executed between the parties---As a result, the tenant's possession was subject to the landlord's discretion---Therefore, when the landlord demanded possession of the rented premises, the tenant was obligated to surrender it---Since the tenancy period had ended, there was no justification for the tenant to retain possession of the rented premises without the landlord's consent---Constitutional petition was dismissed.

Citation Name: 2023 CLC 871 PESHAWAR-HIGH-COURTBookmark this Case NOOR RAHMAN vs SHER AFZAL S — 2023 CLC 871 PESHAWAR-HIGH-COURT

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