Case Details

Citation(s)
2013 SLG 657 2013 SLD 657 2013 CLC 258
Lahore High Court
Writ Petition No.2091 of 2011, decision dated: 6-09-2012
SHUJAAT ALI KHAN, J

Deprecated: str_replace(): Passing null to parameter #3 ($subject) of type array|string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 395

KHALIL AHMED

VS

ADDITIONAL DISTRICT JUDGE and others

Law: Punjab Rented Premises Act, 2009

Section: 8,9,15,22

Law: Punjab Rented Premises Act, 2009

Section: 8,9,15,22

Law: Constitution of Pakistan, 1973

Section: 199

(a) Punjab Rented Premises Act (VII of 2009)------Ss. 8 & 9---Constitution of Pakistan, Art.199---Constitutional petition---Ejectment proceedings---Tenant's objection was that ejectment petition filed on 10-3-2010 was not maintainable due to non-bringing of tenancy agreement by landlord in conformity with provisions of S.8 of Punjab Rented Premises Act, 2009---Decision of ejectment petition on 17-4-2010 by Rent Tribunal prior to expiry of grace period---Validity---Tribunal had decided ejectment petition much prior to expiry of grace period (12-11-201) provided under S.8 of Punjab Rented Premises Act, 2009---High Court repelled the objection. (b) Punjab Rented Premises Act (VII of 2009)--- ----Ss. 8 & 9---Constitution of Pakistan, Art.199---Constitutional petition---Ejectment petition---Tenancy agreement not registered with Rent Registrar---Non-deposit of 10% of annual rent as fine by landlord while filing ejectment petition---Rent Tribunal accepted ejectment petition without giving any finding regarding non-deposit of such fine---Validity ---Rent Tribunal was obliged to see as to whether such fine was paid or not---Landlord could not be made to suffer for failure of Tribunal to give finding regarding such fine---Payment of such fine being matter between landlord and State, tenant could not take any benefit thereof---Ejectment petition could not be dismissed on ground of non-payment of such fine, rather same could be cured at appellate stage---High Court dismissed constitutional petition while directed the landlord to deposit 10% of annual rent with Rent Tribunal within' specified time, otherwise his ejectment petition would stand dismissed. Muhammad Usman and another-v. ;Additional District Judge and 2 others PLD 2010 Lah. -281; Messrs Wateen Telecom Pvt. Ltd. v. Malik Abdul Ahad and 2 others PLD 2009 Lah. 429; Shaukat Mehmood v: Prof. Muhammad Yaseen and others 2011 CLC 832; Muhammad Zaman v. Akram Hussain and others 2011 CLC 755; Majid Khan and 2 others v. Mst. Naseem Bibi and 9 others PLD 2010 Lah. 389; Muhammad Asad Malik v. Rent Controller, Bahawalpur and others 2012 CLC 888; Ahmad Hussain Butt v. Robina and 2 others 2010 CLC 1115; Shahid Mustafa…
🔒
Continue readingLogin or create an account to access the complete content.Login / Register

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492