2016 CLCN 81 LAHORE-HIGH-COURT-LAHORE

Full text

SHAMAS UD DIN VS ADDITIONAL DISTRICT JUDGE Application for eviction--Term , Constitutional petition--TERM , Punjab Rented Premises Act 2009--15 , Punjab Rented Premises Act 2009--8 , Punjab Rented Premises Act 2009--9 , Ss. 15, 8 & 9---Constitution of Pakistan, Art. 199---Constitutional petition---Application for eviction---No extension in the lease period was agreed---Tenant was liable to be evicted when the lease agreement expired--- Tenant refused to vacate the premises on demand by landlady---Preliminary objection through leave to appeal was that ejectment petition was not maintainable without making payment of the penalty under S. 9(b) of the Punjab Rented Premises Act, 2009---Special Judge (Rent) was competent to pass order to deposit the fine under S. 9(b) of the Act---Tenancy between the parties became in conformity with the provisions of the Act when the landlady deposited amount of fine at the rate of 10% as per direction of the Special Judge (Rent)---Ejectment petition was allowed and tenant was directed to vacate the demised shop within one month---Petition of the tenant was dismissed.