2015 YLR 1617 LAHORE-HIGH-COURT-LAHORE

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ZAHEER AHMAD BABAR VS ADDITIONAL DISTRICT JUDGE, LAHORE Constitutional petition--TERM , Ejectment petition--term , Punjab Rented Premises Act 2009--15 , Punjab Rented Premises Act 2009--2 , Punjab Rented Premises Act 2009--22 , S. 2(e), 15 & 22---Constitution of Pakistan, Art. 199---Constitutional petition---Ejectment petition---Joint property owned by four owners---Portion of joint property in possession of tenant under rent agreement dated 5-12-1982 became property of landlord through partition decree passed in August, 2001---Grounds for eviction were default in payment of rent by tenant; bona fide personal need of premises by landlord; and expiry of term of 11 months of oral rent agreement in December, 2008---Tenant's plea in leave application that he had paid Rs. 40,000 as Pagri to co-owners under rent agreement dated 5-12-1982 and had not violated terms of tenancy agreement---Dismissal of leave application and acceptance of ejectment petition by Rent Tribunal upheld by Appellate Authority---Validity---Rent Tribunal while holding that tenancy between parties was regulated by rent agreement dated 5-12-1982 had erred in law by substituting landlord's plea, which was to the effect that after partition of joint property, he became owner of rented premises and he entered into oral tenancy agreement with tenant for 11 months---Pagri amount paid by tenant to joint owners was part of rent agreement dated 5-12-1982, but ejectment petition did not explain that who out of 4 joint owners became beneficiary thereof after partition of joint property---Rent Tribunal had failed to decide fate of Pagri amount, though he was legally bound to decide whether same was returnable to tenant or not at time of vacation of premises; and that who was responsible for its return---Rent Tribunal while deciding fate of "Pagri" would be liable to consider question as to whether its original amount was returnable or with addition of devaluation of currency as tenant was enhancing rent according to law---High Court set aside impugned judgments, granted leave application and remanded ejectment petition to Rent Tribunal for its decision after recording evidence of parties.