2011 YLR 2205 LAHORE-HIGH-COURT-LAHORE

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AFTAB AHMAD RAJA VS Malik FAIZULLAH KHAN AFRIDI PLD 2009 Lah. 429, Constitutional petition--TERM , Ejectment of Tenant--TERM , Punjab Rented Premises Act 2009--15 , Punjab Rented Premises Act 2009--22 , Punjab Rented Premises Act 2009--5 , Punjab Rented Premises Act 2009--6 , Punjab Rented Premises Act 2009--8 , Ss.5, 6, 8, 15 & 22---Constitution of Pakistan, Art. 199--- Constitutional petition--- Ejectment of tenant---Registration of tenancy agreement---Grace period---Scope---Tenancy agreement, expiry of---Reconstruction of premises---Landlord purchased premises in question and sought ejectment of tenants on the ground that tenancy agreement of tenants with previous landlord had expired and the building was in dilapidated condition---Rent Tribunal and Lower Appellate Court concurrently passed ejectment orders against tenants--- Validity--- Provisions incorporated in section 8 of Punjab Rented Premises Act, 2009, were meant to be utilized for the benefit of both landlord as well as tenant---Grace period of two years was provided under section 8 of Punjab Rented Premises Act, 2009, for both parties for bringing tenancy in conformity with provisions of law---If parties were governed by a written agreement of tenancy and it had expired or if there was un written tenancy between the parties and was to be considered on month to month basis, then period of two years had to play a vital role in both cases from the date of enforcement of the law---Obligations thus created for both the parties under. the law could be enforced by machinery provided therein except' that an ejectment petition solely on the ground of expiry of period of tenancy could not be allowed to succeed unless period of two years provided in section 8 of Punjab Rented Premises Act, 2009 would expire---As section 4 of Punjab Rented Premises Act, 2009, had given an overriding effect to the provisions of the Act, therefore, parties of an existing tenancy were obliged to care for newly-created statutory provisions---Ejectment orders although passed during the grace period of two years would not be set aside by High Court on account of the conduct of tenants, as they did not make any effort for bringing tenancy in conformity with the provisions of new rent law calling upon landlord to enter into written agreement of tenancy complying with the provisions of section 5 of Punjab Rented Premises Act, 2009, and allowed grace period to expire---High Court declined to interfere in eviction orders passed against tenants---Petition was dismissed in circum¬stances.