Law: Punjab Rented Premises Act, 2009

Section: 8,9,16(4)

(a) Punjab Rented Premises Act (VII of 2009)--- ----S. 9---Tenancy agreement made after promulgation of the Punjab Rented Premises Act, 2009 ['the Act'] not complying with provisions of the Act---Effect---Provisions of S.9 of the Act would apply to such tenancy agreement. Rana Abdul Hameed Talib v. Additional District Judge Lahore and others PLD 2013 SC 775 and Mirza Book Agency and others v.Additional Distirct Judge Lahore and others 2013 SCMR 1520 ref. (b) Interpretation of statutes--- ----Intention of the Legislature had to be gathered by reading the whole statute. Ghulam Hassan v. Jamshaid Ali and others 2001 SCMR 1001; Maulana Nur-ul-Haq v. Ibrahim Khalil 2000 SCMR 1305; Niaz Muhammad Khan v. Mian Fazal Raqib PLD 1974 SC 134 and Waqar Zafar Bakhtawari and 6 others v. Haji Mazhar Hussain Shah and others PLD 2018 SC 81 ref. (c) Interpretation of statutes--- ----Provision of statute---Redundancy---Every attempt should be made to save the statute rather than to declare its provisions redundant. (d) Interpretation of statutes--- ----'Mandatory' and 'directory' provisions---Scope---Where legislature had provided penalty/consequences for non-compliance of a provision, such provision was mandatory in nature, however, if such consequences were not provided the provision was to be taken as directory. (e) Punjab Rented Premises Act (VII of 2009)--- ----S. 16(4)---Ejectment petition---Question of jurisdiction of the Rent Tribunal could be raised at any stage of the proceedings before the Rent Tribunal. THIS JUDGMENT DELIVERED BY: SHAKIL-UR-REHMAN KHAN, J.--- Through the instant writ petition the Petitioner/Adeel Ahmad Gaba has challenged the order dated 28.04.2018 passed by Respondent No. 1/Special Judge Rent, hereinafter referred to as the ("Rent Tribunal") with the prayer that the ejectment petition filed by Respondent No. 2 be dismissed as barred by law on the ground that the said learned Rent Tribunal, established under the provisions of "The Punjab Rented Premises Act, 2009" hereinafter referred to as ("Act") has no jurisdiction to entertain the same. 2. The necessary facts out of which the instant writ petition has arisen are that Respondent No.2/Malik Bashir…

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