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Citation Name: 2024 YLR 776 LAHORE-HIGH-COURT-LAHOREBookmark this Case MUHAMMAD ISLAM vs ADDITIONAL DISTRICT JUDGE Ss — 2024 YLR 776 LAHORE-HIGH-COURT-LAHORE

Case information

Citation
2024 YLR 776 LAHORE-HIGH-COURT-LAHORE
Court
Lahore High Court
Year
2024
Reporter
YLR
Parties
Citation Name: 2024 YLR 776 LAHORE-HIGH-COURT-LAHOREBookmark this Case MUHAMMAD ISLAM vs ADDITIONAL DISTRICT JUDGE Ss
Subject matter
Constitutional
Provisions referred to
S. 2; Punjab Rented Premises Act

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

Citation Name: 2024 YLR 776 LAHORE-HIGH-COURT-LAHOREBookmark this Case MUHAMMAD ISLAM VS ADDITIONAL DISTRICT JUDGE Ss. 2(d), 15, 19 & 22---Eviction petition---Relationship of landlord and tenant, denial of---Status of ejectment petitioner as "landlord"--- Scope---Petitioner/tenant, who admittedly executed the lease agreement with the respondent, had failed to establish bona fide in raising plea regarding status of respondent as landlord---Definition of the 'landlord' as stipulated in S. 2(d) of the Punjab Rented Premises Act, 2009, included not only the owner but the one authorized to receive rent of the rented premises---Therefore, any person entitled to claim rent was a landlord---Petitioner, who admittedly, obtained rented premises on lease from the respondent and paid him the rent for four years, had no right to question his authority to lease the rented premises---Where conduct of the tenant was found to be inequitable in denying the status of landlord, he was entitled to the grant of any equitable relief, therefore, the contention of the petitioner/tenant was clearly misconceived--- Petitioner/tenant had failed to point out any illegality or jurisdictional defect in the impugned orders and judgments passed by both the Courts below warranting interference by the High Court---Constitutional petition filed by the tenant was dismissed in limine, in circumstances. Citation Name: 2024 YLR 776 LAHORE-HIGH-COURT-LAHOREBookmark this Case MUHAMMAD ISLAM VS ADDITIONAL DISTRICT JUDGE Ss. 15 & 19---Eviction of tenant---Tenancy agreement, expiry of---Scope---Petitioner/tenant was non-suited by both the Courts below on his failure to produce any payment of receipt of rent due---Validity---In the present case, tenancy agreement inter se the landlord and tenant had expired and there was no extension of agreement between the parties thereafter---In absence of any written agreement inter se the petitioner/tenant and respondent/landlord was to be reckoned on month to month basis and, in absence of anything to the contrary, the oral tenancy could be considered to have expired in the present case---Petitioner/tenant had failed to point out any illegality or jurisdictional defect in the impugned orders and judgments passed by both the Courts below warranting interference by the High Court---Constitutional petition filed by the tenant was dismissed in limine, in circumstances. Citation Name: 2024 YLR 776 LAHORE-HIGH-COURT-LAHOREBookmark this Case MUHAMMAD ISLAM VS ADDITIONAL DISTRICT JUDGE Ss.7, 15, 19 & 20---Eviction petition---Payment of rent, mode of---Scope---Claim of the petitioner/tenant was that he had paid excess amount which be treated as rent paid---Validity---There was nothing reliable placed on record by the petitioner in support of his claim---Punjab Rented Premises Act, 2009, recognized modes of payment only as provided under Ss. 7 & 20 of the said Act, and the petitioner/tenant had annexed nothing to establish payment in any of the said modes---Petitioner/tenant had failed to point out any illegality or jurisdictional defect in the impugned orders and judgments passed by both the Courts below warranting interference by the High Court---Constitutional petition filed by the tenant was dismissed in limine, in circumstances.

Other judgments reported in 2024 YLR

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