2019 PLD 363 LAHORE-HIGH-COURT-LAHORE

Full text

ASAD ALI KHAN VS SPECIAL JUDGE RENT Ss. 15 & 2(e)---eviction petition---'Pagri', determination of---Expiry of lease agreement---Oral tenancy---Initial period of tenancy was for 11 months which was extendable by mutual consent of the parties-Tenant claimed that tenancy was orally extended for unlimited period and he had paid 'pagri' for the same---Rent Tribunal ordered for eviction of tenant---Appellate Court upheld the order of eviction and remanded the matter to the extent of payment of 'pagri'---Validity---Where period of tenancy had expired, the tenant who relied upon its extension had to establish through cogent evidence the time period for which it had been extended otherwise oral extension would tantamount to extension of one month only and such tenancy had to be extended on each and every successive month and terminable at one month's notice---Filing of ejectment petition was itself a notice for termination of tenancy---No document had been placed on record to substantiate the claim of payment of 'pagri'---'Pagri' was not mentioned in the agreement and tenant claimed to have paid the same subsequently---Question of payment of 'pagri' could not be clubbed with the question of expiry of period of tenancy and both were to be dealt with separately---Appellate Court was justified in maintaining the order of eviction and separately remanding the matter relating to 'pagri' for determi-nation by Rent Tribunal----Constitutional petition was dismissed.