NIAZ AHMAD vs ABID and others
This matter arises from a petition seeking leave to appeal concerning the ejectment of a tenant from commercial premises. During the hearing, both learned counsel deliberated on an amicable settlement regarding the time to be granted to the petitioner tenant to vacate the premises where he had been operating a business for twenty-five years at a monthly rental of Rs. 1000. The core question involved the terms of vacating the disputed premises and payment of rent. The Supreme Court converted the petition into an appeal and disposed of it by granting the petitioner one year to vacate the premises, subject to the strict condition that default in payment of rent for any month during this period would result in his immediate ejectment with police assistance. The key principle laid down is that settlement terms agreed upon by counsel regarding vacation time and continued tenancy can be made an order of the court with default clauses for enforcement.
- Can a petition for leave to appeal be converted into an appeal and disposed of on the basis of an amicable settlement between the parties?
- What are the consequences of default in rental payment when a tenant is granted extended time to vacate premises by the court?
ORDER
MUHAMMAD ARIF, J.-- After arguing the case of their respective clients, both the learned counsel broached the subject of amicable settlement between their clients. They disagreed on the question of the allowing of time to the petitioner/tenant. It was after some hackling that they were brought around to one year time being allowed to the petitioner to vacate the disputed premises where he is doing business for a quarter-century. The rental of the premises presently is at the rate of Rs. -1000/- per mensum.
2. In view of the above position, we are inclined to convert this petition into appeal and dispose it of with the observation that if the petitioner does not make the payment of rental for any month during the next one year, he shall be forthwith ejected from the premises with police help, if necessary.