Law: Punjab Rented Premises Ordinance (XXI of 2007)

Section: 4,12

Law: Punjab Rented Premises Ordinance (XXI of 2007)

Section: 4,12

Law: Transfer of Property Act, 1882

Section: Preamble,105,106,107,108,109,110,111,112 ,113,114,115,116,117

Punjab Rented Premises Ordinance (XXI of 2007)-------Ss. 4 & 22---Transfer of Property Act (IV of 1882), Preamble & Chapter-V [Ss.105 to 117]--- Constitution of Pakistan, Art.199--- Constitutional petition---Applicability of Transfer of Property Act, 1882 in matters relating to tenancy under the Punjab Rented Premises Ordinance, 2007---Scope---Application of tenant for leave to contest was dismissed and ejectment petition was allowed concurrently---Contention of tenant (petitioner) was that grounds agitated in the application for leave to contest were sufficient for production of oral evidence and for grant of leave---Validity---Courts below had based their findings mainly relying upon provisions of Transfer of Property Act, 1882 and matters of tenancy had been dealt with as if the same were subject to "lease" and Chapter-V of the Transfer of Property Act, 1882 was made applicable to proceedings initiated under the Punjab Rented Premises Ordinance, 2007---Section 4 of the Punjab Rented Premises Ordinance, 2007 provided that the provisions of the Ordinance shall have effect notwithstanding anything contained in any other law for the time being in force and therefore , Punjab Rented Premises Ordinance, 2007 having such overriding effect and being a law promulgated later in time, the provisions of the special law would prevail---In presence of said provision, courts below could not rely upon the provisions of the Transfer of Property Act, 1882 and could not intermingle matters of "tenancy" with those of "lease"---Procedure regulating "lease" could not be applied to the premises under tenancy---Pleadings of parties required framing of issues and production of evidence---Orders of courts below were set aside and leave to contest was granted to tenant---Constitutional petition was allowed, in circumstances. Khalil-ur-Rehman and another v. Dr. Manzoor Ahmed and others PLD 2011 SC 512 and Mst. Mumtaz Begum v. Abdul Wahid 1990 CLC 1305 ref. Ahmad Waheed Khan for Petitioner. Khalid Saleem for Respondent. Ch. Aamir Rehman for Applicant (in C.M. No.1110 of 2011). Date of hearing: 19th June, 2012. JUDGMENT IBAD-UR-REHMAN LODHI, J.--- Pre-admission notice was issued…

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