2012 YLR 2107 LAHORE-HIGH-COURT-LAHORE

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MUHAMMAD MUSHTAQ VS Mian MUHAMMAD IQBAL 1983 SCMR 1064, 1995 SCMR 678, 2004 MLD 577, 2011 MLD 351, 2012 YLR 148, PLD 1985 SC 1, PLD 1999 SC 1101, Constitutional petition--TERM , Ejectment of Tenant--TERM , Punjab Rented Premises Act 2009--9 , S.9---Constitution of Pakistan, Art.199--Constitutional petition---Ejectment of tenant---Tenancy agreement, expiry of---Relationship of landlord and tenant---Denial---Rent Tribunal dismissed petition for leave to contest and passed eviction order, which was maintained by Lower Appellate Court---Plea raised by tenant was that neither there was any valid tenancy agreement nor relationship of landlord and tenant existed between the parties---Validity---Despite expiry of tenancy agreement, if parties continued with the tenancy, it would be presumed that parties were governed by terms and conditions of previous tenancy agreement--Tenant could not put an end to tenancy under his landlord by attorning in favour of holder of paramount title except that when it had become necessary in order to save himself from ejectment from the premises; in such a case, it must be shown that tenant acted under compulsion and imminent threat of eviction---Voluntary attornment by him in favour of holder of paramount title could not destroy tenancy between him and his landlord in absence of such circumstances---Tenant failed to point out any illegality or perversity in eviction orders justifying interference by High Court in exercise of Constitutional jurisdiction---Petition was dismissed in circumstances.