Case Details

Citation(s)
2010 SLG 1141 2010 SLD 1141 2010 PLJ 437
Lahore High Court
W.P. No. 19643 of 2009, decided & hearing on 10.02.2010.
SYED MANSOOR ALI SHAH, JUSTICE
Mr. M. Raheel Kamran Sheikh, Advocate for Petitioner. Ms. Aaliya Neelum, Advocate for
Respondent No. 3. Mr. Sarfraz Ali, Advocate for
Respondent No. 3 in connected W.P. No. 188-2010.

MUHAMMAD USMAN AND ANOTHERS

VS

ADDL. DISTRICT JUDGE, LAHORE AND OTHERS

Law:

Section:

Punjab Rented Premises Ordinance, 2007 (XXI of 2007)-- ----Ss. 9(b) & 19--Civil Procedure Code, (V of 1908), O.I, R. 10--Eviction petition--Registration of tenancy agreement--Tenant was liable to pay the fine--Eviction petition was filed on the ground of default and expiry of period of tenancy filed an application u/O. I, R. 10, CPC to be impleaded as party to eviction petition--Application and leave to defend was rejected--Rent controller imposed penalty--Validity--Requirement of registration of tenancy agreement is further highlighted in S. 9 of Ordinance, 2007, which provides that no application shall be entertained unless the tenancy conforms to the provisions of Rented Premises Ordinance--Fine provided u/S. 9(a)(b) is yet another incentive for registration and a disincentive for keeping un-registered agreement hanging--Held: Existing tenancy agreement was in writing and is, therefore, required to be registered as soon as possible and certainly before invoking S. 9 of Ordinance--Section 9 was invoked without registration of tenancy agreement the landlord or tenant was liable to pay the fine provided--Application of the landlord cannot be entertained unless it is registered and tenancy brought in conformity with Ordinance, 2007 or else the landlord in such situation was liable to pay the fine and cannot stand behind the comfort period of two years. Punjab Rented Premises Ordinance, 2007 (XXI of 2007)-- ----Preamble--S. 5(5)--Objective of Punjab Rented Premise Ordinance, is to regulate the relationship of landlord and tenant and to provide an expeditious mechanism for settlement of their disputes--Such objective finds translated in S. 5 of Ordinance, which introduces the requirement of a tenancy agreement and its registration with Rent Registrar by landlord--Under S. 5(5) of Ordinance the tenancy agreement registered in the office of Rent Registrar. Tenancy Agreement-- ----Registration of--Advantage of a written and a registered tenancy agreement--It acts as a written and registered proof of the relationship between landlord and tenant--A large majority of rent matters arise out of denial of the relationship. Punjab Rented Premises Ordinance, 2007 (XXI of…
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