| Citation(s) |
|---|
| 2016 SLG 3169 2016 SLD 3169 2016 MLD 1095 |
Lahore High Court
W.P. No. 3349 of 2012, heard on 10th January, 2014. Date of hearing: 10th January, 2014.
ARSHAD MEHMOOD TABASSUM, JUSTICE
Nadeem Ahmad Shah for Petitioner. Malik Mubashar Rafique for
Respondent No. 3.
W.P. No. 3349 of 2012, heard on 10th January, 2014. Date of hearing: 10th January, 2014.
ARSHAD MEHMOOD TABASSUM, JUSTICE
Nadeem Ahmad Shah for Petitioner. Malik Mubashar Rafique for
Respondent No. 3.
MUHAMMAD NAYAB - er
VS
ADDITIONAL DISTRICT JUDGE, RAWALPINDI and 2 OTHERS --Respondent
Law:
Section:
(a) Punjab Rented Premises Act (VII of 2009) --------- ----------Ss.16 & 19 --------- Constitutional petition --------- Ejectment application --------- Non-mentioning the correct name/designation of Trial Court --------- Effect --------- Contention of the petitioner/tenant was that the landlord addressed the ejectment petition to senior civil judge/Rent Controller, whereas under the law the same was to be instituted in the court of Special Judge (Rent), therefore the impugned of Trial Court was without jurisdiction --------- Validity --------- Ejectment petition had been addressed to the Senior Civil Judge/Rent Controller, however the same Judge had been duly notified as Special Judge (Rent) --------- Mere non-mentioning of the correct designation of the Trial Court had not taken away the jurisdiction of the Special Judge (Rent), who was seized of the matter and decided the same --------- Constitutional petition was dismissed. Rashid Ahmad v. The State PLD 1972 SC 271; Evacuee Trust Property Board v. Ali Bahadur PLD 2011 SC 126 and Caltex Oil (Pak.) Ltd. v. Mian Ashiq Muhammad Faiz PLD 1990 Lah. 370 distinguished. (b) Punjab Rented Premises Act (VII of 2009) --------- ----------Ss. 2(d) & 19 --------- "Landlord" --------- Definition --------- Scope --------- Ejectment application --------- Maintainability --------- Competency/locus standi to file petition --------- Ejectment application was filed by the person to whom the petitioner/ tenant was paying rent regularly --------- Person dealing with collection of rent, enhancement of rent and negotiation with the tenant for evicting the premises fell within the expression "landlord" and ejectment application filed by such person was maintainable. Hanif and others v. Malik Ahmed Shah and another 2001 SCMR 577 rel. (c) Punjab Rented Premises Act (VII of 2009) --------- ----------Ss. 2(d) & 19 --------- Co-owner of property --------- "Landlord" --------- Definition --------- Scope --------- Ejectment application --------- Maintainability --------- Competency/locus standi to file petition --------- Ejectment application was filed by co-owner of demised property --------- Effect --------- Co-owner fell…
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