Law: Punjab Rented Premises Act, 2009

Section: 30,15

Law: Constitution of Pakistan, 1973

Section: 199

(a) Punjab Rented Premises Act (VII of 2009)--- ----S. 30---Interpretation and object of S.30, Punjab Rented Premises Act, 2009---Word "shall" as used in S.30---Connotation---Examination of S.30 of the Punjab Rented Premises Act, 2009 revealed that it consisted upon two parts, firstly, that it required that written intimation shall be sent to the tenant informing him about new ownership and secondly, the new landlord shall apply to the Rent Registrar for entering his name as the landlord of the premises---Section 30 nowhere provided that if no notice either to the tenant or to the Rent Registrar was sent, ejectment petition could be liable to be dismissed ---Word "shall" though had been used, but it appeared that the intention of the legislature while enacting the provision of law could be that the cases of the parties should not be thrown out of the court on the basis that notice of change of ownership had not been sent---Such intention of the legislature was also evident from the Preamble to the Punjab Rented Premises Act, 2009, where it was provided that. the purpose of the Act was to provide expeditious remedy in rent matters but it did not allow expeditious disposal at the cost of technicalities---Word "shall" used in S. 30, in view of legal position of the law as well as rules of interpretation shall be read as "may "---Such interpretation found further support from other facts; that the question of default of payment in rent was to be determined by the court after recording the evidence of the parties or in cases where the default was evident from the record or in case where the relationship of landlord and tenant wasdenied by the parties, such determination had to be undertaken even if no notice, as required under S.30 of the Act, was sent---Purpose of enactment of S.30 of the Act' was to regulate and register the new landlord so that dispute of denial of tenancy could be avoided which was a consistent practice when the repealed law was in field, and where ejectment petitions remained pending in courts for years for the determination of the title of landlord---Keeping in view expediency, and the mechanism provided for expeditious disposal of rent…

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