2016 MLD 1095 LAHORE-HIGH-COURT-LAHORE

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MUHAMMAD NAYAB VS ADDITIONAL DISTRICT JUDGE, RAWALPINDI Constitutional petition--TERM , Ejectment of tenant--Term , Punjab Rented Premises Act 2009--15 , Punjab Rented Premises Act 2009--19 , Transfer of Property Act 1882--106 , Ss. 15(a) & 19---Transfer of Property Act (IV of 1882), S.106---Constitution of Pakistan, Art.199---Constitutional petition---Expiry of lease agreement---Oral tenancy---Ejectment of tenant---Notice for vacating rented premises, requirement of---Scope---Landlord had sought eviction of tenant on the ground of expiry of lease agreement---Application for ejectment was allowed by Special Judge (Rent) and appellate Court upheld the judgment of Trial Court---Validity---After the expiry of lease period, further agreement was not executed between the parties and tenancy had become oral---Such tenancy would be governed on month to month basis and was terminable on fifteen days notice---Ejectment petition filed by landlord was itself notice for vacating the rented property to the tenant, thus he was liable to be evicted---Courts below had rightly been ordered for eviction---Constitutional petition was allowed.