Law: Punjab Rented Premises Ordinance (XXI of 2007)

Section: 15

Law: Punjab Rented Premises Ordinance (XXI of 2007)

Section: 15

Law: Punjab Rented Premises Act, 2009

Section: 31

Punjab Rented Premises Ordinance (XXI of 2007)-------Ss. 15 & 31---Punjab Rented Premises Act (VII of 2009), S.31---Ejectment application was allowed by Rent Controller against tenant---Tenants filed objection petition during pendency of execution proceedings against tenant contending therein that the landlord in the ejectment application had admitted that he had received rent till March, 2009 but the Rent Controller had ordered that the landlord was entitled to recover arrears of rent at the rate of Rs.50,000 per month since February, 2009 till vacation of the premises---Tenants further contended that after taking the rented premises, he invested more than Rs.400,000 on its improvement---Landlord contested objection petition on the ground that Executing Court had no jurisdiction to re-determine liabilities of the parties---Executing Court dismissed the objection petition---Appeal filed by tenants was allowed by Appellate Court and the case was remanded to executing court to consider claims of the tenants and to proceed in accordance with law---Validity---Perusal of S.31 of the Punjab Rented Premises Act, 2009, revealed that all the provisions applicable to execution of a decree of a civil court would be applicable including those under which the objections were filed and under the law the same had to be decided by the Executing Court---No illegality or material irregularity had appeared in the impugned order of remand passed by Appellate Court---Petition was dismissed in limine. 1994 SCMR 22; 2002 CLC 757 and 2006 SCMR 562 ref. Muhammad Tariq Khan v. Kh. Muhammad Jawad Asami and others 2007 SCMR 818 and Municipal Committee Kasur through Tehsil Nazim v. Additional District Judge Kasur and 3 others PLD 2008 Lah. 230 rel. Ch. Iqbal Javed Dhillon for Petitioner. ORDER SYED AKHLAQ A,HMAD, J.---This civil revision is directed against the judgment dated 16-9-2010 passed by the learned Additional District Judge Lahore whereby he accepted the appeal filed by Ch. Abdul Mannan and Tariq Masud/respondents/tenants, set aside the order dated 13-5-2010 passed by executing Court/Rent Tribunal dismissing their objection and remanded the objection petition to the executing…

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