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The Parties are bound by the Express Terms of the Tenancy Agreement and cannot deviate from them without Mutual Written Consent --- Lahore High Court, Lahore

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The Parties are bound by the Express Terms of the Tenancy Agreement and cannot deviate from them without Mutual Written Consent --- Lahore High Court, Lahore

Islamabad 07-10-2024: In a significant ruling, the Lahore High Court has reiterated the importance of adhering to the terms of tenancy agreements in rent disputes, setting aside a judgment by the Appellate Court that had allowed a tenant to contest an ejectment order. Mr. Justice Anwaar Hussain presided over the case titled “Atif Munawar vs. Additional District Judge, etc.” [W.P. No. 10130/2024], where the petitioner sought the tenant’s eviction on grounds of non-compliance with the agreed mode of rent payment.

The petitioner filed an ejectment petition under the Punjab Rented Premises Act, 2009, citing the tenant’s failure to deposit rent into the specified bank account for multiple months, as required by the written tenancy agreement. The Rent Tribunal rejected the tenant’s application for leave to appear and contest (PLA), leading to an appeal before the Additional District Judge, which was decided in favor of the tenant.

Mr. Justice Anwaar Hussain, however, overturned the Appellate Court’s decision, restoring the Rent Tribunal’s original order. The High Court emphasized that the written tenancy agreement between the parties clearly stipulated that rent payments must be deposited in the petitioner’s bank account. The respondent’s payment in cash and into a third party’s account, contrary to the agreement, constituted a breach of contract and default.

In his detailed judgment, Mr. Justice Anwaar Hussain highlighted that the parties are bound by the express terms of the tenancy agreement and cannot deviate from them without mutual written consent. The Court noted that the Appellate Court’s decision to allow the tenant’s leave to defend was based on a misinterpretation of the agreement’s provisions and an incorrect application of the Punjab Rented Premises Act, 2009.

The judgment further explained that the tenant’s reliance on cash payments, without any written acknowledgement from the landlord, did not suffice to fulfill the contractual obligation. The Court stressed that any deviation from the agreed terms—such as mode of payment—requires clear and express written consent from both parties, failing which the tenant’s defense cannot be sustained.

This decision reinforces the binding nature of tenancy agreements under the Punjab Rented Premises Act, 2009, and serves as a reminder for tenants and landlords alike to comply strictly with the terms and conditions laid out in their contracts. The Court’s ruling underscores that any oral or implied alterations to a written agreement are not permissible unless substantiated by mutual written consent.

The High Court’s judgment, restoring the Rent Tribunal’s order and rejecting the tenant’s PLA, sets a precedent for future rent disputes, affirming that contractual obligations must be met in letter and spirit to avoid being deemed a defaulter under the law.

This ruling is expected to have far-reaching consequences for similar cases, ensuring that tenants and landlords strictly adhere to their written agreements and that Courts uphold the sanctity of these contracts.