Case Details

Citation(s)
2016 SLG 2347 2016 SLD 2347 2016 PLD 652
Lahore High Court
Writ Petition No. 22232 of 2016, decided on 1st July, 2016.
MUHAMMAD FARRUKH IRFAN KHAN, JUSTICE
Dr. Abdul Basit for Petitioner.

KH. MUHAMMAD ISLAM

VS

SPECIAL JUDGE RENT AND others

Law:

Section:

Punjab Rented Premises Act (VII of 2009)- ----------Ss. 8 & 9---------Tenancy not conforming with the provisions of the Punjab Rented Premises Act, 2009 --------- Rent Tribunal, Justiceurisdiction of---------Scope---------By virtue of S.8 of the Punjab Rented Premises Act, 2009, it was the requirement of the law to bring all the existing tenancies in conformity with the provisions of the Punjab Rented Premises Act, 2009---------However, non-conformity of the existing tenancies with the provisions of the said Act did not oust the jurisdiction of the Rent Tribunal to adjudicate upon the matter rather it placed a restriction upon the Rent Tribunal not to proceed with the matter unless the fine as mentioned in S.9 of the said Act was paid---------Even if the tenancy was not in consonance with the provisions of the Punjab Rented Premises Act, 2009, the Rent Tribunal had exclusive jurisdiction to adjudicate upon the rent matter subject to fulfillment of requirement of S.9 of the said Act---------High Court directed that in case the requirements of S.9 were not fulfilled, the Rent Tribunal shall halt further proceedings and first require the party to comply with the mandatory provisions of S.9 within the specified period of time and then proceed with the matter in accordance with the law---------Constitutional petition was dismissed accordingly. Rana Abdul Hameed Talib v. Additional District Judge, Lahore and others PLD 2013 SC 775 ref. THIS ORDER PASSED BY: MUHAMMAD FARRUKH IRFAN KHAN, JUSTICE:--------- Through this petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 has questioned the jurisdiction of the learned Rent Tribunal to adjudicate upon the matter inter alia on the grounds that as per Section-8 of the Punjab Rented Premises Act, 2009 (Act) the landlord was required to bring within two years the existing tenancy in conformity with the provisions of the Act but he did not comply with the provisions of the aforesaid Section, as such the Rent Tribunal lacked jurisdiction to adjudicate upon the matter. 2. In support of his stance, the learned counsel for the petitioner has relied upon the case law reported as Rana Abdul Hameed…
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