Law:

Section:

(a) Punjab Rented Premises Act (VII of 2009)--- ----Ss. 15 & 28---Constitution of Pakistan, Art. 199---Constitutional jurisdiction, invocation of---Jurisdictional defect---Ejectment of tenant---Appeal---Court fee, affixation of---Scope---Contention of tenant was that court fee was not affixed with memorandum of appeal and order of Appellate Court was not enforceable---Validity---No misreading, non-reading or misconception of evidence was evident from the impugned order---Findings of Appellate Court were found cogent and well-reasoned---Tenant was estopped to raise the objection which had been abandoned before the Appellate Court---Appellate Court should have provided an opportunity for making up the deficiency after determining the court fee leviable---Penal action of returning or dismissing appeal was jurisdictional defect and constitutional jurisdiction could be invoked---Appellate Court was directed by High Court to determine the leviable court fee and landlord to affix/deposit the same before the said court---Impugned order would be executable on deposit/affixation of leviable court fee---Constitutional petition was dismissed in circumstances. Subedar (Retd.) Noor Abdullah v. Muhammad Nawaz 2003 MLD 376 ref. Habib Ismail Bajwa v. Khawaja Ghulam Mohy-ud-Din PLD 1970 Lah. 428; Ata Muhammad v. Abdul Aziz and other 1988 SCMR 759 and Siddique Khan v. Abdul Shakur Khan PLD 1984 SC 289 ref. (b) Punjab Rented Premises Act (VII of 2009)--- ----Ss. 26, 27 & 31---Court Fees Act (VII of 1870), Art. 1 of Sched 1---Rent Tribunal, final order of---Appeal---Court fee, affixation of---Final order passed by the Rent Tribunal under S. 27 of Punjab Rented Premises Act, 2009 was required to be treated as decree of civil court and ad valorem court fee was leviable---Rent Tribunal being executing court would exercise powers of civil court while executing such order. ORDER SHAHID JAMIL KHAN, J.---Petitioner being tenant has challenged appellate order dated 12-6-2014 passed by Additional District Judge, Fateh Jang, accepting application for eviction by reversing findings/decision of Rent Tribunal. 2. Learned counsel for the petitioner submits that further appeal is not…

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