Mian MUHAMMAD SAEED vs MUHAMMAD MANSOOR ALI KHAN And Other
This matter arises from a petition for leave to appeal against the dismissal of a constitutional petition by the Lahore High Court, which had upheld the orders of ejectment passed against the petitioner-tenant for default in payment of rent. The core legal question was whether ownership of the rented property by the landlord is a prerequisite for seeking ejectment, specifically when the land vests in the Provincial Government. The Supreme Court held that ownership is not a prerequisite for seeking ejectment, as section 2(c) of the Punjab Urban Rent Restriction Ordinance, 1959 permits a person who is entitled to receive rent to file such a petition. The key principle laid down is that once the relationship of landlord and tenant is established through the consistent payment of rent, the landlord is entitled to seek ejectment for default regardless of absolute ownership of the underlying land.
- Is ownership of the rented property a prerequisite for seeking the ejectment of a tenant under the Punjab Urban Rent Restriction Ordinance, 1959?
- Can a person entitled to receive rent maintain an ejectment application against a tenant without being the owner of the land?
- Does the payment of rent by a tenant to a respondent establish the relationship of landlord and tenant for the purposes of ejectment?
- Section 2(c), Punjab Urban Rent Restriction Ordinance 1959
ORDER
ABDUL SHAKURUL SALAM, J.---Petitioner seeks leave to appeal against the judgment of the learned Lahore High Court, dated 8-4-1989 whereby his Constitutional Petition was dismissed against the orders of his ejectment by the competent and appellate authority dated 7-9-1987 and 8-3-1989 respectively, for default in payment of rent.
2. The only point urged before the High Court and reiterated is that the shop of which the petitioner is a tenant, was situated on land vesting in the Provincial Government and the respondents were not its owners.
3. The contention was repelled by the learned High Court on the ground that "ownership is not a prerequisite for seeking ejectment of a tenant, rather section 2(c) of the Punjab Urban Rent Restriction Ordinance, 1959 contemplates such a petition on behalf of a person who is entitled to receive rent." It had been found as a fact that the petitioner had earlier been paying rent to the respondents. Thus, the relationship of landlord and tenant was established. The Ordinance allowed riling of an application by a. Landlord for ejectment of a tenant on r specified grounds. The learned High Court was quite right in interpreting the relevant provisions of the law. The petition is, therefore, dismissed. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.
Cited by 1 case
- Sh. Saeed ul Hassan vs Sh. Mohammad Imran etc 2020 YLR 854, 2019 LHC 3776