2018 YLR 759 LAHORE-HIGH-COURT-LAHORE

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Sh. TAUSEEF HUSSAIN VS ADDITIONAL DISTRICT JUDGE 2015 YLR 1617, S.15---Ejectment petition---Dispute as to expiry of tenancy agreement between the parties---Dismissal of application of tenant for leave to contest---Scope--- Non-recording of evidence---Scope---Inconsistent pleas of landlord---Effect---Tenant contended that Rent Tribunal had wrongly rejected his application to leave to contest as the dispute between the parties demanded recording of evidence---Landlord contended that after expiry of tenancy agreement tenant was liable to be evicted and Appellate Court had wrongly accepted appeal of the tenant---Validity---According to the contents of ejectment petition tenancy between the parties was oral in nature starting from the year 2001 whereas tenant contested the matter on the ground that initially the premises were hired on rent by his father on the basis of lease agreement in 1984 and after the death of his father he had been put up in the premises as a tenent---Tenant produced an agreement in support of his contention during the proceedings at Appellate Court---Inconsistent pleas on the part of the landlord on different occasions fully justified acceptance of application filed by the tenant seeking leave to contest---Legality of agreement regarding lease in perpetuity against Pagri of Rs. 1,50,000/- would be adjudged by the Rent Tribunal after recording of evidence of the parties and in case landlord succeeded that the same was not properly executed document he would be entitled for decision in his favour regarding eviction of the tenant---Landlord on the one hand denied lease between the parties but also offered for repayment of amount of Pagri subject to the condition of eviction from the premises by the tenant---High Court observed that it was not feasible to determine said question without recording of evidence of the parties and directed the Rent Tribunal to decide the ejectment petition after recording the evidence of the parties---Constitutional petition was dismissed accordingly.