2019 PLD 227 PESHAWAR-HIGH-COURT

Full text

ASLAM KHAN VS FAWAD AKHTAR S. 13---Ejectment of tenant---Expiry of rent agreement---"Acceptance by silence", doctrine of---Applicability---eviction petition was accepted on the ground of expiry of rent agreement---Validity---Relationship of landlord and tenant existed between the parties---Tenant was occupying the demised premises on the strength of rent agreement---Said agreement was for one year but tenant after its expiry was continuously paying monthly rent without any objection from the landlord---Landlord was satisfied from the rent so paid to him---Doctrine of "acceptance by silence" was applicable in the present case---Tenant had not defaulted in the payment of rent---Landlord had acceptd the increased rent from the tenant for more than four years and he could not retract from such position---Impugned orders passed by the Courts below were set aside and eviction petition was dismissed---Constitutional petition was allowd, in circumstances.