| Case ID |
2325033d-538a-4738-9e05-2f2e9c294c5d |
| Body |
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| Case Number |
Writ Petition No. 2051-P of 2019 |
| Decision Date |
May 13, 2019 |
| Hearing Date |
|
| Decision |
The court ruled in favor of the petitioner-tenant, stating that there was a continuous payment of rent after the expiration of the original rental agreement, which indicated the landlord's implied acceptance of the tenant's occupancy. The doctrine of 'acceptance by silence' was deemed applicable, as the landlord had accepted increased rent for several years without objection. Consequently, the eviction petition was dismissed, and the previous orders of the lower courts were set aside. |
| Summary |
This case revolves around the Khyber Pakhtunkhwa Urban Rent Restriction Ordinance, specifically Section 13, which addresses the ejectment of tenants upon the expiry of rental agreements. The petitioner, represented by Mehar Gul, contested the eviction petition filed by the landlord, Fawad Akhtar, claiming that he had continuously paid rent after the original agreement expired. The court highlighted the importance of the landlord's acceptance of rent payments over an extended period and ruled that the landlord could not retract from this acceptance. This case underscores the significance of implied agreements in landlord-tenant relationships, particularly in the context of rent payments and eviction proceedings. Keywords such as 'landlord-tenant law', 'eviction proceedings', 'rent agreement', and 'acceptance by silence' are essential for understanding the implications of this ruling. |
| Court |
Peshawar High Court
|
| Entities Involved |
Not available
|
| Judges |
Qaiser Rashid Khan,
Aslam Khan
|
| Lawyers |
Mehar Gul,
Muhammad Zafar Tahirkheli
|
| Petitioners |
Mehar Gul
|
| Respondents |
2 Others,
Fawad Akhtar
|
| Citations |
2019 SLD 3179,
2019 PLD 227
|
| Other Citations |
PLD 1975 SC 193,
2011 CLC 1498
|
| Laws Involved |
Khyber Pakhtunkhwa Urban Rent Restriction Ordinance (VI of 1959)
|
| Sections |
13
|