Law: Punjab Rented Premises Ordinance, 2007

Section: 5(1), 5(2), 5(3), 5(5), 8, 9

Law: Punjab Rented Premises Act, 2009

Section:

Law: Qanoon-e-Shahadat Order, 1984

Section: 84

Summary

The Supreme Court allowed the appellant's appeal, setting aside the Lahore High Court and appellate court judgments. The Court ruled that non-compliance with the Punjab Rented Premises Ordinance, 2007 regarding registration of tenancy did not justify outright dismissal without opportunity to cure. The matter was remanded for fresh consideration allowing the appellant to pay the prescribed fine, while maintaining status quo on possession.

Core Points

• The appellant sought eviction of respondent No.3 from rented premises on grounds of rent default, personal need, and unauthorized commercial use.
• The Rent Tribunal allowed eviction; the appellate court reversed it based on title disputes and questioned tenancy relationship.
• Lahore High Court dismissed the appellant’s writ petition citing non-conformity with Punjab Rented Premises Ordinance, 2007 and non-deposit of fine under section 9.
• The appellate court and high court failed to specify which tenancy requirements were unmet under the Ordinance.
• Section 8 of the 2007 Ordinance allows two years to conform tenancy; section 9 requires a fine for non-registration of tenancy with Rent Registrar.
• The Court held that an opportunity to pay fine and cure non-compliance must be given before dismissing eviction petitions.
• The pendency of a civil suit challenging ownership cannot bar Rent Tribunal proceedings.
• The appellate court wrongly relied on signature comparison without expert opinion as per Article 84 of Qanoon-e-Shahadat Order, 1984.
• The appeal was allowed; judgments set aside and matter remanded for fresh hearing after opportunity to pay fine.
• Status quo regarding possession of the premises ordered to continue during appeal pendency.

Law and Section Table

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