2015 MLD 987 LAHORE-HIGH-COURT-LAHORE

Full text

SHAFAQ AQEEL VS SHAFQAT ALI AMJAD 2001 SCMR 338, 2009 SCMR 1077, PLD 1991 SC 242, PLD 2001 SC 149, Constitutional petition--TERM , Default in payment of rent--Term , Eviction of tenant--TERM , Punjab Rented Premises Act 2009--15 , S. 15---Constitution of Pakistan, Art. 199---Constitutional petition---eviction of tenant---Personal bona fide need of landlady---Default in payment of rent---Denial of relationship of landlord and tenant by the tenant---Scope---Contention of tenant was that he was a bona fide purchaser of demised premises---eviction petition was dismissed concurrently---Validity---Landlady was owner of demised premises by virtue of a registered sale deed---Tenant was in possession of the premises on the basis of oral agreement to sell---Agreement to sell did not confer any right on a person which was subject to adjudication before the civil court---Tenant was bound to prove that he was not tenant of landlord and if he was not tenant, he was in illegal occupation of the property in question---Rent Tribunal, in the present case, had not considered the evidence of landlady in its true perspective and committed error while dismissing the eviction petition---Appellate Court had failed to apply its independent mind while passing the impugned order---Both the courts below had misread the evidence available on record---Impugned orders passed by the courts below were set aside and tenant was directed to vacate the premises in question and hand over the vacant possession of property to the landlady within a specified time---Constitutional petition was accepted in circumstances.