Law: Punjab Rented Premises Act, 2009

Section: 14

Law: Qanun-e-Shahadat (10 of 1984)

Section: 17,79

Law: Constitution of Pakistan, 1973

Section: 10A

(a) Punjab Rented Premises Act (VII of 2009)-------S. 15---Constitution of Pakistan, Art. 10A---Rent proceedings---Due process and fair trial---Scope---Rent Tribunal adjudicates upon civil rights and obligations in eviction proceedings, and parties thereto are entitled to a fair trial and due process under Article 10A of the Constitution.Khadim Mohy-Ud-Din v. Rehmat Ali Nagra PLD 1965 SC 459 and Shahid Raza v. Fauzia Shaheen 2003 MLD 1215 rel.(b) Punjab Rented Premises Act (VII of 2009)-------Ss. 15 & 17---Qanun-e-Shahadat (10 of 1984), Arts. 17 & 79---Ejectment of tenant---Document---Proof---Provisions of Qanun-e-Shahadat, 1984---Applicability---Rent Tribunal dismissed ejectment application for failure of landlord to prove rent deed according to the provisions of Articles 17 and 79 of Qanun-e-Shahadat, 1984---Lower Appellate Court allowed appeal filed by landlord and passed eviction order but High Court maintained the order of Rent Tribunal---Validity---Distinction must be drawn between invoking and applying general principles of law of evidence codified in Qanun-e-Shahadat, 1984 and any special provisions enacted therein---While adjudicating upon civil rights and obligations in eviction proceedings, Rent Tribunal should invoke and apply only those general principles of law of evidence codified in Qanun-e-Shahadat, 1984 that are necessary to give effect to fundamental rights of parties under Article 10A of the Constitution---Rent Tribunal need not apply all principles or any special provisions enacted in Qanun-e-Shahadat, 1984---Such distinction is rooted in summary nature of rent proceedings, which are designed to resolve disputes expeditiously and without procedural formalities of regular civil trials---General principles of evidence, such as burden of proof, relevance of evidence, and right to cross-examine, must nevertheless apply to safeguard Constitutional right to a fair trial---Lower Appellate Court rightly accepted eviction petition filed by landlord---Rent Tribunal legally erred in law by dismissing the petition, and High Court similarly erred in restoring its decision---Supreme Court set aside judgment passed by High Court and upheld that of…