| Citation(s) |
|---|
| 2025 SLG 4850 2025 SLD 4850 = 2025 SCP 359 = 2026 SCMR 795 |
Civil Petitions No. 379-L and 380-L of 2021 [Against orders dated 08.12.2020 of the Lahore High Court, Lahore passed in W.P. No. 23888 and 23889 of 2014]
Mr. Justice Yahya Afridi, CJ Mr. Justice Muhammad Shafi Siddiqui
Mr. Taffazul Haider Rizvi, ASC
Ch. Bashir Ahmad. … Petitioner
VERSUS
Qamar Aftab and others. … Respondents
Law: Specific Relief Act, 1877
Section: 56
Law: Financial Institutions (Recovery of Finances) Ordinance, 2001
Section: 19
Summary
The court allowed the condonation of delay for filing the petitions and examined the ejectment petitions filed by the petitioner against respondent No. 1. The court found that the applications for leave to appear and defend were never decided, rendering subsequent dismissal orders void. The Rent Controller and lower courts misinterpreted an unrelated auction order as affecting the rent proceedings. The court clarified that auction proceedings do not affect the landlord-tenant relationship determination by the Rent Controller. The case was remanded to decide the leave applications and relationship issue afresh, independent of pending auction appeals, with directions for expeditious disposal of related appeals.
Core Points
- Delay in filing petitions condoned by the court.
- Applications for leave to appear and defend were not considered or granted.
- Dismissal of ejectment petitions without deciding leave applications is invalid.
- Lower courts wrongly relied on an auction order unrelated to rent proceedings.
- Auction proceedings do not affect determination of landlord-tenant relationship under rent laws.
- Rent Controller must first decide leave applications, then relationship between parties.
- Case remanded for fresh consideration regardless of pending auction appeals.
- Parties agreed to avoid delays in related appeals before Lahore High Court.
Law and Sections Table
| Law/Section | Description | Application in Case |
|---|---|---|
| Specific Relief Act, 1877, Sec 56 | Prohibits stay of legal proceedings by status quo orders when parallel litigation exists. | Rent proceedings cannot be stayed by auction status quo order. |
| Rent Controller Jurisdiction | Determines existence of landlord-tenant relationship in ejectment petitions. | Central issue to decide ejectment petition validity. |
| Civil Procedure/Leave to Defend | Requirement that leave to appear and defend must be granted before defense or dismissal stages. | Leave applications were not decided, making dismissal invalid. |
| Auction Proceedings Law | Governs sale or purchase under mortgage but does not transfer title until completion. | Auction pending, no title passed to respondent yet. |
ORDER