| Case ID |
00342282-d0ae-41af-a788-5735d6f8ba62 |
| Body |
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| Case Number |
Writ Petition No.18754 of 2021 |
| Decision Date |
Oct 08, 2021 |
| Hearing Date |
Sep 29, 2021 |
| Decision |
The Constitutional Petition filed by Israr Hussain was dismissed. The petitioner contested the eviction on grounds that the landlord did not specifically claim eviction due to expiry of lease or default in rent. However, the Lahore High Court found that the lease agreement had clear terms requiring the tenant to vacate upon expiry, which was 11 months, and that the tenant had violated these terms by not providing vacant possession. The court affirmed that the Special Judge (Rent) had the jurisdiction to issue eviction orders based on these violations. The court noted the lack of evidence for any verbal lease extension or additional security payments claimed by the tenant. Therefore, the eviction orders were upheld. |
| Summary |
The case involves a dispute over the eviction of a tenant, Israr Hussain, under the Punjab Rented Premises Act, 2009. The Lahore High Court addressed the validity of eviction orders based on the terms of the lease agreement, which stipulated an 11-month period of tenancy that had expired. The court ruled that the tenant had failed to comply with the lease terms by not vacating the premises and not providing evidence for any claims of extension or additional security deposits. The judgment emphasized the obligations of tenants under the Act, reinforcing the legal grounds for eviction due to default in rent and breach of lease conditions. This case highlights important aspects of landlord-tenant law, the significance of written agreements, and the consequences of failing to adhere to the terms of rental contracts. Keywords: eviction, tenant rights, landlord obligations, Punjab Rented Premises Act, lease agreement. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
Rasaal Hasan Syed
|
| Lawyers |
Muhammad Tahir Chaudhry,
M. Riaz Malik
|
| Petitioners |
ISRAR HUSSAIN
|
| Respondents |
,
IMTIAZ AHMAD SHEIKH
|
| Citations |
2024 SLD 2893,
2024 CLC 486
|
| Other Citations |
Rana Abdul Hameed Talib v. Additional District Judge, Lahore and others PLD 2013 SC 775,
Waqar Zafar Bakhtawari and 6 others v. Haji Mazhar Hussain Shah and others PLD 2018 SC 81,
Habib Bank Limited v. Dr. Munawar Ali Siddiqui 1991 SCMR 1185,
Government of Sind through Secretary and Director General, Excise and Taxation and another v. Muhammad Shafi and others PLD 2015 SC 380,
Mirza Book Agency through Managing Partner and others v. Additional District Judge, Lahore and others 2013 SCMR 1520,
Mst. Amina Begum and others v. Mehar Ghulam Dastagir PLD 1978 SC 220
|
| Laws Involved |
Punjab Rented Premises Act, 2009
|
| Sections |
13,
15,
19
|