| Case ID |
433f39b0-e6fe-4972-908b-01b9f7730417 |
| Body |
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| Case Number |
Writ Petition No. 4840 of 2012 |
| Decision Date |
Jul 30, 2013 |
| Hearing Date |
|
| Decision |
The Lahore High Court dismissed the writ petition filed against the judgment of the learned Rent Controller and the subsequent appellate decision. The court upheld the findings of the trial and appellate courts, which found that the petitioner was in default of rent payments since November 2007 and failed to provide sufficient proof of payment. The tenant's claim of co-ownership of the property was not substantiated by documentary evidence. The concurrent findings of both lower courts were deemed valid, and the High Court could not interfere as there were no jurisdictional defects or misreadings of evidence. The decision emphasizes the strict adherence to rental obligations and the legal standards for ejectment applications. |
| Summary |
This case revolves around the application of the Punjab Rented Premises Act (VII of 2009), specifically concerning the ejectment of a tenant for default in rent payments. The petitioner, ARIF MAHMOOD, challenged the decisions of the Rent Controller and the Additional District Judge that ruled against him due to non-payment of rent since November 2007. The court's findings were based on the tenant's admission of tenancy and the absence of any documentary proof of rent payments. The High Court underscored the importance of maintaining proper rental agreements and the legal implications of failing to meet these obligations. The decision illustrates the judiciary's role in upholding property rights and ensuring compliance with rental laws, highlighting the need for tenants to maintain accurate records of payments to avoid eviction. This case serves as a crucial reference for future disputes regarding landlord-tenant relationships, especially under the Punjab Rented Premises Act. Key concepts such as ejectment, tenant rights, and legal compliance are central to understanding the implications of this ruling. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
ABID AZIZ SHEIKH, J
|
| Lawyers |
Ghulam Farid Sanotra for Petitioner,
Hammad Akbar Walana for Respondent No. 3
|
| Petitioners |
ARIF MAHMOOD
|
| Respondents |
Ghulam Farid Sanotra,
ADDITIONAL DISTRICT JUDGE
|
| Citations |
2014 SLD 2371,
2014 YLR 791
|
| Other Citations |
Mst. Sanobar Sultan and others v. Obaid Ullah Khan and others PLD 2009 SC 71,
Syed Izhar ul Hassan Rizvi v. Mian Abdul Rahman and others 1992 SCMR 1352,
Muhammad Ramzan and 12 others v. The Member (Revenue), Board of Revenue Punjab, Lahore and 7 others 1994 SCMR 55,
Shajar Islam v. Muhammad Siddique PLD 2007 SC 45
|
| Laws Involved |
Punjab Rented Premises Act (VII of 2009),
Constitution of Pakistan
|
| Sections |
15,
199
|