| Citation(s) |
|---|
| 2012 SLG 2296 2012 SLD 2296 2012 YLR 34 |
Lahore High Court
Writ Petitions Nos. 21415 to 21419 of 2011, decided on 28th September, 2011
SYED MUHAMMAD KAZIM RAZA SHAMSI, J
Mirza Hafeez-ur-Rehman for Petitioner
Writ Petitions Nos. 21415 to 21419 of 2011, decided on 28th September, 2011
SYED MUHAMMAD KAZIM RAZA SHAMSI, J
Mirza Hafeez-ur-Rehman for Petitioner
SHAHID MUSTAFA
VS
MUNIR AHMAD, A.D.J and others
Law:
Section:
(a) Punjab Rented Premises Act (VII of 2009)--- ----Ss. 9(b) & 15---Constitution of Pakistan, Art. 199---Constitutional petition---Ejectment proceedings---Rent agreement not brought in conformity with provision of S. 5 of Punjab Rented Premises Act, 2009---Tenant's plea that Rent Tribunal had no jurisdiction to entertain ejectment petition---Order of Tribunal dismissing ejectment petition set aside by Appellate Court remanding case to Rent Tribunal for its decision afresh after having compliance of S. 9(b) of Punjab Rented Premises Act, 2009---Validity---Tribunal after having case on its file and before assuming jurisdiction had to seek compliance of S.9(b) by directing one of parties to deposit penalty in terms thereof---Tribunal in case of non-compliance of such order would not have jurisdiction to enter ejectment petition---Intention of law had never been to non-suit a party without affording him an opportunity to comply with provision of law---Appellate Court in remanding case had advanced cause of justice in its true spirit---High Court dismissed constitutional petition in circumstances. Allah Ditta Sajid v. Muhammad Saleem Qureshi and others (C.P. No.3490-L 2010); PLD 1984 SC 289 and Muhammad Faiz and another v. Ch. Yaqoob Hussain and others PLD 2010 Lahore 197 rel. (b) Administration of justice--- ----Intention of law had never been to non-suit a party without affording him an opportunity to comply with provision of law. PLD 1984 SC 289 rel ORDER SYED MUHAMMAD KAZIM RAZA SHAMSI, J.---By this single order, Writ Petitions Nos.21415 of 2011, 21416 of 2011, 21417 of 2011, 21418 of 2011 and 21419 of 2011 are proposed to be disposed of due to commonality of the landlords of the rented premises and similarity in the impugned orders. 2. In all these five cases, different petitioners had assailed the orders of learned Special Judge (Rent), Lahore dated 14-4-2009 and 20-12-2010 in appeals before the learned first appellate court which were accepted vide order dated 14-9-2011, remanding cases to learned Rent Tribunal for deciding ejectment petitions afresh after having compliance of section 9(b) of the Punjab Rented Premises Act, 2009. This finding was given by…
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