2013 SCMR 1520 SUPREME-COURT

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MIRZA BOOK AGENCY VS ADDITIONAL DISTRICT JUDGE, LAHORE Eviction petition--Term , Proof--TERM , Punjab Rented Premises Act 2009--15 , S. 15---eviction petition---Tenancy for an indefinite period on basis of pagri---Proof---Tenant's (appellant) plea that tenancy was for an indefinite period as he had paid some pagri to the predecessor-in-interest of the landlord---Rent Tribunal discarded plea of tenant and ordered his eviction---Appeal and constitutional petition filed before High Court against order of Rent Tribunal were also dismissed---Validity---Tenant was unable to show that alleged tenancy had been created under some registered instrument in which there was any stipulation of payment of pagri---Only for the reason that some pagri had allegedly been paid to the landlord or his predecessor-in-interest or to a person from whom the title had devolved upon the landlord, would not by itself make the tenancy in perpetuity---Supreme Court, however observed that right and remedy if any available to the tenant for the recovery of the said amount of pagri from the person who was liable to return it, if permissible under the law, shall not foreclose, for which the tenant might bring an independent action before the appropriate forum---Appeal was dismissed accordingly.