| Case ID |
2cd85628-8196-4fe1-a15d-360317b202b7 |
| Body |
View case body. Login to View |
| Case Number |
Civil Appeal No.663-L of 2012 |
| Decision Date |
Jun 21, 2013 |
| Hearing Date |
|
| Decision |
The Supreme Court dismissed the appeal filed by the tenant against the eviction petition. The court held that the provisions of section 9 of the Punjab Rented Premises Act are mandatory for both future and existing tenancies. The tenant had argued that the existing tenancy agreement had not been brought into conformity with the Act, specifically section 8, and therefore, the eviction petition could not be entertained without the landlord first paying the required fine. The court ruled that regardless of the two-year period available under section 8, the original applicant is required to pay the fine at the time of filing the petition. The court also noted that the tenant's claim of an indefinite tenancy based on the payment of pagri was not substantiated by any registered instrument. As such, the appeal was dismissed, and the possession taken by the landlord was upheld, based on the principle of past and closed transactions. |
| Summary |
In the landmark case of Civil Appeal No.663-L of 2012, the Supreme Court of Pakistan addressed critical issues surrounding the Punjab Rented Premises Act, particularly sections 8, 9, and 15. The case involved an eviction petition filed by Mirza Book Agency against a tenant, challenging the validity of the eviction on the grounds that the tenancy agreement did not comply with the mandatory provisions of the Act. The court emphasized the importance of compliance with section 9, which mandates the payment of a fine for both future and existing tenancies. The tenant's assertion of an indefinite tenancy based on the payment of pagri was also scrutinized, as there was no evidence of a registered instrument to support this claim. This ruling underscores the necessity for landlords and tenants to adhere to legal requirements when seeking enforcement of their rights under the law. The decision serves as a precedent for future cases, ensuring that both parties understand their obligations under the Punjab Rented Premises Act, thereby promoting legal compliance and clarity in tenancy agreements. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MIAN SAQIB NISAR,
MUHAMMAD ATHER SAEED
|
| Lawyers |
Muhammad Saleem Shahnazi,
Syed Muhammad Shah,
Shahzad Shoukat
|
| Petitioners |
MIRZA BOOK AGENCY through Managing Partner
|
| Respondents |
ADDITIONAL DISTRICT JUDGE, LAHORE
|
| Citations |
2013 SLD 1654,
2013 SCMR 1520
|
| Other Citations |
Not available
|
| Laws Involved |
Punjab Rented Premises Act
|
| Sections |
8,
9,
15
|