| Case ID |
20dab010-4608-4208-be78-40594f0262c5 |
| Body |
View case body. Login to View |
| Case Number |
Writ Petition No. 182544 of 2018 |
| Decision Date |
Sep 12, 2019 |
| Hearing Date |
|
| Decision |
The Lahore High Court, presided by Justice Abid Aziz Sheikh, made a significant ruling on the return of the pagri amount in relation to the eviction of tenants. The court determined that the landlord was liable to return the actual pagri amount paid by the tenant, which was established to be Rs. 75,000 for Shop No. 9 and Rs. 250,000 for Shop No. 8, totaling Rs. 325,000. The court clarified that the pagri is neither a security deposit nor can it be adjusted against rent, emphasizing that the law does not recognize any automatic increase in pagri at the market value upon eviction. The decision highlighted the need for clarity in tenancy agreements regarding the pagri amount and its return, setting a precedent in the interpretation of the Punjab Rented Premises Act, 2009. |
| Summary |
This case revolves around the interpretation of the Punjab Rented Premises Act, 2009, specifically regarding the concept of 'pagri' in tenancy agreements. The Lahore High Court addressed whether the landlord was obligated to return the pagri amount upon eviction and clarified that the pagri serves as a consideration for tenancy rights rather than a security deposit. The ruling established that the landlord must return the actual pagri amount as agreed upon during the tenancy, rather than a percentage of its current market value. This judgment reinforces the legal standing of pagri in rental agreements and underlines the importance of written agreements in clarifying terms related to tenancy, eviction, and financial obligations. The case sets a critical precedent for future disputes regarding rental agreements and tenant rights in Punjab, ensuring that landlords adhere to the statutory definitions and obligations outlined in the Punjab Rented Premises Act. Keywords such as 'Punjab Rented Premises Act', 'eviction', 'tenant rights', and 'pagri' are crucial for understanding the implications of this ruling and its relevance in the legal landscape. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
ABID AZIZ SHEIKH
|
| Lawyers |
Hafiz Asif Mehmood Butt,
Ch. Abdul Majeed
|
| Petitioners |
MUHAMMAD ISMAIL
|
| Respondents |
MUHAMMAD ASLAM AND OTHERS
|
| Citations |
2020 SLD 465,
2020 MLD 226
|
| Other Citations |
Mirza Book Agency v. Additional District Judge, Lahore 2013 SCMR 1520,
Muhammad Aslam v Hanif Abdullah and Brothers 2003 SCMR 1667,
Mrs. Shamim Bano v. Mrs. Nazir Fatima 2001 SCMR 1552,
Mrs. Nargis Latif v. Mrs. Feroz Afaq 2001 SCMR 99,
Muhammad Ashraf v. Ismail 2000 SCMR 498,
Pir Muhammad Manjh v. Naveed Iqbal Malik 2017 MLD 418,
Zaheer Ahmad Babar v. Additional District Judge 2015 YLR 1617,
Bawa Shiv Charan Singh v. Commissioner of Income-Tax ILR 1984 Delhi 625
|
| Laws Involved |
Punjab Rented Premises Act, 2009
|
| Sections |
2(e),
15
|