This Court is of the opinion that in principle, ejectment order can only be passed on the ground(s) taken in the eviction petition. However, in cases where the eviction is sought on grounds other than expiry and said other ground(s) are not proved but the period of tenancy expires during the pendency of eviction proceedings, before the Special Judge (Rent), or in appeal, or before this Court, question arises as to whether in such circumstances, the ejectment petitioners be asked to withdraw the ejectment petitions and file amended or fresh petition by adding/taking expiry of the tenancy as additional or fresh ground of eviction. In this regard, it is settled principle of law that once a tenant is always a tenant, nothing but a tenant. Directing the eviction petitioners to file a fresh eviction petition (with expiry of tenancy as a ground of eviction) would amount to lingering on the matter in a manner that the tenant is enabled to continue with the occupation of the rented premises, without consent of the landlord, for no beneficial outcome except that after fulfilling codal formalities of issuing notice on such fresh eviction petition, the same merits acceptance. Additionally, such fresh petitions would add to already piled up cases with the Courts for no just reason. Such an interpretation does not dovetail well with the object and purpose of the Punjab Rented Premises Act, 2009 ("the Act"), which aims at ensuring that the disputes, inter se, the landlord and tenant are resolved in a cost effective and expeditious manner as is evident form the preamble of the Act.
WP-2292-24
MUHAMMAD SALEEM MINHAS VS ASHFAQ HUSSAIN MINHAS ETC
Mr. Justice Anwaar Hussain
05-11-2024
2024 LHC 5348
0 Comments