Law: Punjab Rented Premises Act, 2009

Section: 2(b),13(6),15(1),24,28,28(2b)

THIS ORDER PASSED BY: IJAZ AHMAD, JUSTICE:--------------------- Respondents Nos. 3 and 4 claiming to be the landlords of Shop No 167, Darbar Road, Mithan Kot, Tehsil and District Rajanpur made an application for eviction of the petitioner alleging wilful default for the month of May 2009 till the making of the application at the rate of Rs.2500 per month. The arrears till then totaled Rs.47,000. The petitioner filed an application for leave to contest. It was averred therein that the property in question was the subject-matter of a civil suit already pending and that the petitioner was in fact a tenant of Mst. Allah Bachai who had died and thereafter the petitioner was paying the rent due to her legal heirs. Thus, the relationship between the petitioner and respondents Nos. 3 and 4 was denied. This application was resisted by respondents Nos. 3 and 4. Respondents Nos.3 and 4 also made an application soliciting an order directing the present petitioner to deposit the rent with the Special Judge Rent. Both these applications were decided vide the impugned order dated 21-1-2011. The learned Special Judge Rent directed the petitioner to deposit the arrears of rent froth the month of May, 2009 till January, 2010 at the rate of Rs.2500 per month rent and future rent at the same rate till the finalization of the case. The petitioner was also directed to execute a rent deed between him and respondents. Nos. 3 and 4. The application for leave to defend was accepted. Aggrieved by this order, the petitioner preferred an appeal before the learned District Judge which was dismissed vide order dated 21-2-2011 .on the ground that an appeal did not lie against an order directing the petitioner/tenant to pay the rent and an appeal would lie against a final order. 2. It is contended by The learned counsel for the petitioner that an appeal against an order requiring a tenant to pay the arrears of rent is maintainable in view of the provisions of sections 2(b) and 28 of the Punjab Rented Premises Act, 2009. Thus, the order dismissing the petitioner's appeal on this score is illegal; that since the petitioner has denied the relationship of landlord and tenant between him and…

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