2022 MLD 2051 LAHORE-HIGH-COURT-LAHORE

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ABDUL REHMAN VS ADDITIONAL DISTRICT JUDGE-I, RAJANPUR Ss.2(m) & 19---Constitution of Pakistan, Art.199---Constitutional petition---Ejectment of tenant---Co-sharer of premises---Tenancy agreement---Proof---Parties were brother and sister inter se and shop in question was their inherited property---Respondent claimed to be owner of shop in question on the basis of private family settlement and a tenancy agreement executed between the parties---Respondent sought eviction of petitioner from the shop in question under Punjab Rented Premises Act, 2009---Rent Tribunal passed eviction order of petitioner, which order was maintained by Lower Appellate Court---Validity---Unproven and unsubstantiated tenancy agreement cum family settlement could not be made basis of eviction proceedings against petitioner, who was admittedly a co-owner---Eviction petition by respondent as co-owner of inherited property on the basis of private family settlement without proving the same against another co-owner i.e. the petitioner was not even maintainable before Rent Tribunal under the provisions of Punjab Rented Premises Act, 2009---Private family settlement was neither a fact-in-issue in the lis nor it could be in the eviction petition, as the same was beyond jurisdictional scope of eviction proceedings under Punjab Rented Premises Act, 2009 to indirectly or obliquely sanction or otherwise discard a private family settlement---High Court set aside concurrent findings of facts recorded by Rent Tribunal, as well as Lower Appellate Court---Constitutional petition was allowed, in circumstances.