Law: Punjab Rented Premises Act, 2009

Section: 22,24,28(4),30

Law: Punjab Rented Premises Act, 2009

Section: 22,24,28(4),30

Law: Constitution of Pakistan, 1973

Section: 199

(a) Punjab Rented Premises Act (VII of 2009)------Ss. 22, 24 & 28(4) --- Constitution of Pakistan, Art.199---Constitutional petition---Rent Controller granting leave to contest ejectment petition---Deposit of arrears of rent---Scope---Ejectment petition---Default in payment of rent by tenant, ground of---Denial of relationship of landlord and tenant between parties by respondent---Order of Rent Tribunal granting respondent leave to contest ejectment petition---Petitioner's plea that while passing impugned order, Rent Tribunal was obliged to direct respondent to deposit arrears of rent or furnish surety therefor---Validity---Rent Tribunal would be competent to pass final order including order for deposit of arrears of rent only after refusing to grant tenant leave to contest---Rent Tribunal while granting leave to contest could only direct a "tenant" to deposit rent due, but not anybody else not having attained status of tenant---Respondent after denying such relationship had not been declared as tenant, thus, he could not be directed to deposit arrears of rent---Person being treated as tenant by petitioner had been impleaded as respondent in the ejectment petition---Petitioner had not placed on record any material to show respondent to be tenant either under previous owner or the petitioner, who claimed to be new owner of property---No provision existed in Punjab Rented Premises Act, 2009, whereby respondent or tenant could be compelled to furnish a surety or security as a substitute to the deposit of arrears of rent---Impugned order was interlocutory in nature, whereagainst remedy of appeal was not provided under Punjab Rented Premises Act, 2009---Constitutional jurisdiction against interim order would not ordinarily be exercised without showing same to be either perverse or without jurisdiction/lawful authority---Impugned order did not suffer from any such defect---High Court dismissed constitutional petition in limine. (b) Punjab Rented Premises Act (VII of 2009)--- ----Ss. 22 & 30---Ejectment petition---Default in payment of rent by tenant, ground of---Denial of relationship of landlord and tenant between parties by respondent---Petitioner's plea…

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