2017 YLR 1762 LAHORE-HIGH-COURT-LAHORE

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TANVEER SPINNING AND WEAVING MILLS (PVT.) LTD. VS TARIQ SAEED 1986 SCMR 751, 1994 SCMR 360, 1995 MLD 1146, 1997 CLC 640, 2002 SCMR 480, 2007 SCMR 1866, 2010 MLD 1988, 2015 CLC 468, PLD 1959 Lah. 146, Applicability--Term , Discretion of Court--TERM , Ejectment of tenant--Term , Maintainability--TERM , Punjab Rented Premises Act 2009--15 , S. 15---Ejectment of tenant---Second eviction petition---Maintainability---Rent agreement---Notice for vacation of premises---Time for vacation of tenements, grant of---Discretion of Court---Estoppel, principle of---Applicability---Reasonable time to vacate premises---Scope---Ejectment petition was filed on the ground of expiry of tenancy period---Application for leave to contest was dismissed and eviction petition was accepted and tenant was directed to hand over the demised premises to the landlord within thirty days---Appellate Court dismissed the appeal while granting six months time for vacation of demised premises---Validity---Second ejectment petition was maintainable on new cause of action---Rent agreement had expired and nothing was on record with regard to renewal or extension of the same---Landlord issued notice to the tenant for vacation of demised premises which was received by him---Mere filing of eviction petition in itself was a sufficient notice to the tenant for termination of rent deed---Tenant was cognizant about the rigors of legal proceedings, he should have made arrangement bona fidely for vacation of demised premises but no such effort was made---Tenant could not take stance with regard to non-service of notice regarding termination of rent agreement as well as vacation of demised premises, he was occupying the tenements despite the termination of tenancy and his status was not better than an illegal occupant---Law did not favour the illegal occupant---Grant of time for vacation of rented premises was discretionary jurisdiction of Court---Such discretion was interlinked with the previous as well as present conduct of tenant during judicial proceedings---Tenant was debarred to challenge the impugned order as principle of estoppel was applicable against him to resile from the earlier statement made in the judicial proceedings---Contumacious conduct tainted with malice had disentitled tenant for any discretionary relief---Four months time was reasonable for vacation of demised premises---Period of six months' awarded by the Appellate Court was not reasonable having no backing of Punjab Rented Premises Act, 2009 as well as any other law and same was not sustainable---Said period was reduced to four months' time commencing from the judgment of Appellate Court subject to payment of monthly rent as well as other bills of amenities installed at the rented premises---No illegality or material irregularity had been pointed out in the impugned orders/ judgments passed by the Courts below---Constitutional petition was partially allowed in circumstances.