Law: Punjab Rented Premises Act, 2009

Section: 2(1),15

Law: Code Of Civil Procedure, 1908.

Section: 12(2)

Law: Constitution of Pakistan, 1973

Section: 199

Summary

The court dismissed the petition filed by Mst. Shaista Hussain challenging the dismissal of her eviction claim against respondent No.1 by the Rent Controller, appellate court, and Lahore High Court. The petitioner failed to prove the existence of a landlord-tenant relationship, specifically the existence of a tenancy agreement and payment of rent, which is essential to confer jurisdiction on the Rent Controller under the Punjab Rented Premises Act, 2009. The concurrent findings of the lower courts that no tenancy existed and rent was not paid were upheld.

Core Points

• Petitioner claimed ownership of demised premises based on a decree (25.09.2008) and registered sale deed (24.12.2008).
• Subsequent cancellation and reinstatement of the decree and sale deed were pending review under section 12(2) CPC applications.
• Petitioner filed eviction under section 15 of the Punjab Rented Premises Act, 2009, asserting an oral tenancy agreement and rent payment by respondent No.1.
• Respondent denied landlord-tenant relationship and claimed ownership based on nikahnama and previous decrees.
• Rent Controller dismissed eviction petition due to failure to prove tenancy relationship and rent payment.
• Appellate court and Lahore High Court affirmed dismissal of eviction petition.
• Court held Rent Controller lacks jurisdiction without proof of landlord-tenant relationship.
• Onus of proving tenancy, including rent payment or agreement, lies on landlord.
• Mere ownership claim insufficient for eviction without establishing tenancy.
• Leave to appeal was declined and petition dismissed.

Law and Section Table

JUDGMENT