Law: Punjab Rented Premises Act, 2009

Section: 15,19,22,2(B)

Court’s Analysis & Findings

• Lower courts mechanically passed eviction without considering disputes regarding security and arrears.
• Leave to contest application disclosed sufficient grounds for evidence production.
• Refusal of leave and immediate eviction order violated Section 2(b) of Act, 2009.
• Cases relied upon by respondent were distinguishable on facts.
• Court relied on Haji Muhammad Latif and Zaheer Ahmad Babar to emphasize the scope of Section 22(6).

Decision

• Petition allowed.
• Leave to contest granted to petitioner.
• Matter remanded to Special Judge (Rent), Fateh Jang to frame issues and decide the case after recording evidence within 4 months.
• Next hearing scheduled for 12-01-2026.

Tagline

“Eviction cannot be mechanically enforced; tenant’s right to contest and dispute over security and rent arrears must be adjudicated before passing a final order under the Punjab Rented Premises Act, 2009.”

ORDER;

Mirza Viqas Rauf, J. The petitioner is occupying a shop situated at Khour Road, Fateh Jhang, Attock (hereinafter referred to as “rented premises”) owned by respondent No.1 (hereinafter referred to as “respondent”) as tenant. To that effect a rent agreement was executed on 03rd September, 2016 for five years whereunder the petitioner was bound to pay Rs.13,000/- per month with 10% annual increase. As per tenancy agreement, the petitioner also paid security in advance. In order to get the rented premises vacated, the respondent moved an application under Section 19 of the Punjab Rented Premises Act, 2009 (hereinafter referred to as “Act, 2009”) before the learned Special Judge (Rent), Fateh Jang (Attock), on multiple grounds, including expiry of tenancy period and default in payment of rent. The petitioner, while resisting the ejectment proceedings, filed an application for leave to contest, controverting the grounds for eviction asserting therein that he paid Rs.3,75,000/- as security to the respondent which was adjusted @ Rs.3000/- per month in the rent till September, 2021 and Rs.1,95,000/- are still outstanding towards the respondent. Learned Special Judge (Rent), Fateh Jang proceeded to decline the leave to the petitioner and allow the ejectment application by way of order dated 10th January, 2025. Feeling aggrieved, the petitioner though preferred an appeal under Section 28 of the Act, 2009 before the learned Additional District Judge, Fateh Jang, Attock but remained unsuccessful as his appeal was dismissed vide judgment dated 12th February, 2025, hence this petition in terms of Article 199 of the Constitution of the Islamic Republic of Pakistan, 1973.