Law: Punjab Rented Premises Act, 2009

Section: 15

Law: Civil Procedure Code (V of 1908)

Section: O.XXIR.29

(a) Punjab Rented Premises Act (VII of 2009)--- ----S. 15---Civil Procedure Code (V of 1908), O.XXI, R.29---Constitution of Pakistan, Art.199---Constitutional petition---Application for ejectment of tenant---Ejectment order, execution of---Stay of proceedings of ejectment order---Scope---Application for suspension of execution proceedings was filed by the applicant-tenant but the same was dismissed concurrently---Validity---Relationship of landlord and tenant was relevant to exercise jurisdiction by the Rent Tribunal---Controversy between the parties with regard to plea of ejectment stood resolved---Landlord was not holding a decree of a civil court---Ejectment order had been passed in favour of landlord by the Rent Tribunal which was to be executed in accordance with law---Provisions of O.XXI, R.29, C.P.C. were not attracted to the facts of the present case---Execution of ejectment order passed by Rent tribunal could not be interfered with in terms of O.XXI, R.29, C.P.C.---Tenant had filed suit for declaration against the landlord wherein facts of ejectment order had been concealed---Wilful and mala fide concealment of such material facts had also disentitled tenant to any relief under the principles of equity---Status quo order passed by the civil judge did not attract the provision of O.XXI, R.29, C.P.C.---Tenant was not entitled to claim stay of execution proceedings of ejectment order---No factual or legal infirmity or jurisdictional error was pointed out in the impugned order passed by the Appellate Court---Constitutional petition was dismissed in limine. (b) Constitution of Pakistan--- ----Art. 199---Constitutional jurisdiction of High Court---Scope---Lawful orders passed by the revisional court of competent jurisdiction could not be called into question in exercise of constitutional jurisdiction of High Court. ORDER ABDUS SATTAR ASGHAR, J. Petitioner has invoked the constitutional jurisdiction of this Court under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 to impugn the order dated 7.2.2015 passed by learned Additional District Judge Sargodha whereby application for suspension of execution proceedings before the learned trial…

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