Law: Registration Act, 1908

Section: 17(1)

Punjab Rented premises Act, 2009-- ----Object and purpose--Protection of relationship between landlord and tenant--Significance of--Punjab rented premises act 2009 was promulgated in province of Punjab with object to remove or minimize existence flaws and also to bring it conformity with need of time and also to introduce a comprehensive mechanism covering entire aspects relating to issue of tenancy and expeditious resolutions--Act regulates relationship between landlord and tenant and to provide accelerated mechanism for disputes, inter se parties in an expeditious and effective manner. Rent Agreement-- ----Registration Act, 1908, S. 17(1)--Rent Agreement--Registration of--Rent Tribunal--Jurisdiction and power-administrative function of rent Registrar--Scope--Rent tribunal besides its judicial function was also competent to exercise and perform functions as Rent Registrar till appointment of a permanent Rent Registrar for district--With issuance of afore quoted notification and establishment office as well as appointment of rent Registrar all delegated power to rent tribunal who was function as Rent Registrar stood withdrawn, where after they are not vested with any jurisdiction or power to register any rent agreement. Landlord-- ----Punjab Rented Premises Act, 2009, Ss. 2(D), 5, 6 & 35(D)--Rent agreement--Requirement of proof of ownership--Significance of--Rent Registrar--Power & scope--It is mandatory for a person claiming to be landlord to provide any prima facie proof of ownership or any authorization from owner in recognition of his being ostensible landlord qua rented premises to rent registrar for registration of rent agreement and rent registrar is also competent to ask landlord for production of any proof regarding ownership or title document of demised premises. Constitution of Pakistan, 1973-- ----Article 10(A)--Right of fair trial--Fundamental right--Constitution has awarded an unalienable right of fair trail and due process to tenant. Punjab Rented premises Act, 2009-- ----Ss. 2(j)(k), 16(2)(3)(5) & 19(2)--Jurisdiction of senior civil Judge--Entrustment and allocation to civil judge cum judicial Magistrate--Validity--Learned civil…

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