Tenancy agreement

2025 YLR 13 LAHORE-HIGH-COURT-LAHORE Judicial Precedent

S. 5Tenancy agreementRegistrationRent Registrar, duty ofLandlordProof of ownershipScope

Power to register tenancy agreement lies with Special Judge (Rent) in his capacity as Rent Registrar who is required to enter particulars of tenancy in a register, affix his seal on tenancy agreement and retain its copy

Functions of Rent Registrar are limited to registration of tenancy agreement

Rent Registrar is obligated not to carry out such functions mechanically and may require "prima facie proof of ownership" from landlord.

2024 YLR 1043 KARACHI-HIGH-COURT-SINDH Judicial Precedent

Ss. 5 & 15Tenancy agreementOral tenancy

Petitioner/landlord sought eviction of respondent/tenant on the plea of bona fide personal need and default in payment of monthly rent

Rent Controller and Lower Appellate Court declined to evict respondent/tenant on the ground that there was no written tenancy agreement

Validity

Method in respect of execution of tenancy agreement has been provided in S. 5 of Sindh Rented Premises Ordinance, 1979

Purpose of enactment of S. 5 of Sindh Rented Premises Ordinance, 1979, is to provide manner for making agreement and care has to be taken to avoid any doubt or ambiguity in execution of the same

This did not mean that oral tenancy was prohibited under Sindh Rented Premises Ordinance, 1979

No such provision was provided in Sindh Rented Premises Ordinance, 1979, to exclude jurisdiction of Rent Controller in respect of a dispute between landlord and tenant based on oral tenancy

In the present case there was relationship of landlord and tenant between the parties and Rent Controller as well as Lower Appellate Court committed irregularities while misreading and non-reading of evidence available on record and had decided issue of relationship of landlord and tenant in negative manner by dismissing rent application solely on such ground without giving findings on default and personal bona fide use

High Court set aside concurrent orders passed by two Courts below and the matter was remanded to Rent Controller for decision afresh

Constitutional petition was allowed accordingly.

2023 YLR 729 LAHORE-HIGH-COURT-LAHORE Judicial Precedent

S. 6Tenancy agreementRelationship of landlord and tenantProof

Payment and receipt of rent is sine qua non for establishing relationship of tenancy between the parties.

2023 CLC 207 ISLAMABAD Judicial Precedent

Ss.5, 10, 16, 16A & 17Tenancy agreement

Directions to the Rent Controllers and Mediation Council for adjudication upon rent disputes amongst the landlord and tenant.

2022 MLD 2051 LAHORE-HIGH-COURT-LAHORE Judicial Precedent

Ss.2(m) & 19Constitution of Pakistan, Art.199Constitutional petitionEjectment of tenantCo-sharer of premisesTenancy agreementProofParties were brother and sister inter se and shop in question was their inherited property

Respondent claimed to be owner of shop in question on the basis of private family settlement and a tenancy agreement executed between the parties

Respondent sought eviction of petitioner from the shop in question under Punjab Rented Premises Act, 2009

Rent Tribunal passed eviction order of petitioner, which order was maintained by Lower Appellate Court

Validity

Unproven and unsubstantiated tenancy agreement cum family settlement could not be made basis of eviction proceedings against petitioner, who was admittedly a co-owner

Eviction petition by respondent as co-owner of inherited property on the basis of private family settlement without proving the same against another co-owner i.e. the petitioner was not even maintainable before Rent Tribunal under the provisions of Punjab Rented Premises Act, 2009

Private family settlement was neither a fact-in-issue in the lis nor it could be in the eviction petition, as the same was beyond jurisdictional scope of eviction proceedings under Punjab Rented Premises Act, 2009 to indirectly or obliquely sanction or otherwise discard a private family settlement

High Court set aside concurrent findings of facts recorded by Rent Tribunal, as well as Lower Appellate Court

Constitutional petition was allowed, in circumstances.

2017 YLRN 50 KARACHI-HIGH-COURT-SINDH Judicial Precedent

S. 17Ejectment of tenantDefault in payment of rentPersonal bona fide need of landlord for his sonProofTenancy agreementScopeParties should act according to terms and conditions of tenancy agreementAny change and modification in tenancy agreement could be made with the consent of the parties

Landlord, in the present case, himself had permitted tenant to deduct Rs. 1,000/- per month on account of shortage of water during the period of tenancy

Said practice continued without any objection on the part of landlord

Modification in tenancy agreement had been approved by the conduct of landlord

Non-execution of written document with regard to deduction of Rs.1000/- on account of water shortage, would not defeat the right created in favour of tenant

Landlord could not take benefit of such deduction to establish his claim for commission of default in payment of rent

Landlord had failed to establish his claim against the tenant of default in payment of rent

Tenant in her written statement had not specifically denied the requirement of landlord for personal bona fide need of demised premises for the use of his son

Said requirement of landlord had remained unchallenged; therefore, could not be covered in evidence

Tenant could not build or improve her case on the strength of plea which was not taken in written statement

Such omission would be fatal to the subsequent plea taken in evidence

Demised premises was required for personal bona fide use of son of landlord

Invitation card of the marriage of his son and photographs of bride and bridegroom were sufficient to establish the personal requirement of landlord for bona fide use of his son

Landlord, in circumstances, had succeeded to establish his requirement of the demised premises for bona fide use of his son

Impugned order passed by the Rent Controller was recalled

Appeal was accepted, in circumstances.

2017 CLC 1043 ISLAMABAD Judicial Precedent

Ss. 17, 5 & 28Eviction of tenantRelationship of landlord and tenantTenancy agreementRequirementsAgreement to sellEffect

Contention of tenant was that there was agreement to sell between the parties and he was in possession on the demised premises being owner and had filed suit for specific performance

Eviction petition was accepted concurrently

Validity

No one could remain in occupation of rental premises on the ground that he had instituted a suit for specific performance or declaration

Tenant had not paid any rent which was sufficient reason for his eviction from the premises

Tenancy agreement had to be in writing

Section 5 of Islamabad Rent Restriction Ordinance, 2001 did not take the matter out of jurisdiction of Rent Controller if rent agreement was not in writing

Discretionary power not to be exercised in favour of a person who had not come to the court with clean hands

One who had sought equity must come with clean hands

High Court under Art.199 of the Constitution could not interfere with the findings of Rent Controller merely on the ground that more than one view was possible and weigh the evidence led before the Rent Controller

Finding of facts could not be challenged on the ground that relevant material and evidence adduced before the Rent Controller was insufficient or inadequate to sustain the findings recorded by the Rent Controller

Such a Tribunal was not bound by strict rules of evidence

High Court could interfere with the findings of Rent Controller if same were perverse or irrational or arrived at by ignoring materials on record or arbitrary or contrary to the principles of natural justice

No perversity, irrationality or violation of principles of natural justice were pointed out in the proceedings recorded by the courts below

Constitutional petition was dismissed in circumstances.

2016 SCMR 2039 SUPREME-COURT Judicial Precedent

S. 7(1)Tenancy agreementIllegal occupation by landlordInterim reliefHigh Court, powers ofHigh Court giving tenant possession of property as interim relief pending disposal of complaint before the Trial CourtLegality

In its judgment High Court had noted that certain goods and immovable articles of the tenant were lying in the property occupied by the landlord, and the same were handed over to the tenant on the orders of the Trial Court, which supported the contention of the tenant that the landlord had illegally occupied the property in question

Impugned judgment of the High Court called for no interference in such circumstances

Petition for leave to appeal was dismissed accordingly.

2015 CLC 1546 LAHORE-HIGH-COURT-LAHORE Judicial Precedent

Ss. 15 & 5Eviction of tenantTenancy agreementScope

Person claiming himself to be owner or landlord of premises seeking eviction of tenant in ejectment petition must be equipped with a tenancy deed registered with Rent Registrar

According to S.5(5) of Punjab Rented Premises Act, 2009, tenancy deed was the exclusive proof to establish a relationship of landlord and tenant in between the parties.

2015 MLD 1191 KARACHI-HIGH-COURT-SINDH Judicial Precedent

Ss. 42, 54 & 56 (a) & (b)Civil Procedure Code (V of 1908), O.XXXIX, Rr. 1 & 2Cantonments Rent Restriction Act (XI of 1963), S.17(2)Suit for declaration and permanent injunctionTenancy agreementTemporary injunction, grant ofScope

Plaintiff had sought restraining orders against the defendant from claiming any rent of suit property from him and restraining of relevant proceedings pending in the other court

Validity

Plaintiff was bound by the terms and conditions of tenancy agreement

Plaintiff would become illegal occupant of the premises if he denied rent of the same

Illegal occupant of immovable property could not restrain the owner from recovery of possession of said property by application of law

Plaintiff had no prima facie case to maintain injunction against the proceedings of Rent Controller in accordance with law

Application for grant of temporary injunction was dismissed in circumstances.