Law: Punjab Rented Premises Act, 2009

Section: 9

Law: Punjab Rented Premises Act, 2009

Section: 9

Law: Constitution of Pakistan, 1973

Section: 199

(a) Punjab Rented Premises Act (VII of 2009)-------S. 9(b)---Constitution of Pakistan Art.199---Constitutional petition---Non-deposit of fine for non-compliance---Effect---Section 9(b) of the Punjab Rented Premises Act, 2009 was directory in nature, and it was the fundamental duty of the court to first determine the amount and give the landlord the chance to deposit the same within a specified period---Rent Tribunal had not ordered the landlord to deposit the said fine under S.9(b) of the Punjab Rented Premises Act, 2009---Deposit of fine was a matter between the landlord seeking ejectment, and the State; as such the tenant could not take benefit of such non-compliance under the Constitutional jurisdiction of High Court---Constitutional petition was dismissed. (b) Punjab Rented Premises Act (VII of 2009)--- ----S. 22---Constitution of Pakistan Art, 199---Constitutional jurisdiction---Scope----Ejectment petition---Leave to contest, application for---Tenant (petitioner) assailed order of Rent Controller whereby tenant's application for grant of leave to contest ejectment petition was dismissed and ejectment petition of landlord was allowed---Contention of tenant was that there was relationship of landlord and tenant between the parties as the property, after litigation, was attached by Executing Court and tenant had acquired the same after auction proceedings---Validity---Tenant's stance in application for leave to contest was not an honest stance---Admitted position was that at the time of filing of the ejectment petition, the .landlords (respondents) were owners of the property and tenant (petitioner) was in possession of the same as a tenant---Fundamental rule was that once a tenant, always a tenant---Tenant, put in possession of the property, could not afterwards deny the relationship of landlord and tenant---Legal position previous to the filing of the ejectment petition by the landlord was that the property was attached in execution of a decree and was put to auction, which was quashed---Landlords were and remained owners and landlords of the property---Tenant tried to remain in possession of the property for a long period without payment of rent under the…

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