Law: Code Of Civil Procedure, 1908.

Section: 9, 10

Summary

Facts

• Respondent No.3 was tenant of Bungalow No.71-A, Satellite Town, Gujranwala, under a five-year tenancy agreement (13.02.2021 – 28.02.2026) with a termination clause of one-month notice and payment of full rent for premature termination.
• Respondent No.3 prematurely vacated the premises on 26.07.2022 without paying full dues. Possession was taken over by the landlord on 06.11.2022.
• Landlord filed a suit for recovery of rent arrears and damages (Rs.1,91,89,188/-) before the Civil Court.
• Tenant challenged jurisdiction, contending that the matter falls under Rent Tribunal.
• Trial Court dismissed tenant’s jurisdictional objection; tenant filed civil revision, which was accepted by Additional District Judge, directing return of plaint under Order VII Rule 10 CPC.
• Landlord filed constitutional petition challenging this decision.

Issues

• Whether Civil Court has jurisdiction to hear landlord’s claim for recovery of arrears and damages after tenant vacates the premises.
• Whether Rent Tribunal has exclusive jurisdiction once tenancy is terminated and possession restored.

Held

• Rent Tribunal jurisdiction under the Punjab Rented Premises Act, 2009 is confined to disputes arising during subsistence of tenancy or when tenant continues to occupy after termination (Section 2(1), Section 13).
• Once tenant vacates and delivers possession, he ceases to be a “tenant” under the Act, and landlord-tenant relationship terminates.
• Recovery of rent arrears and damages post-tenancy constitutes a civil cause of action, independent of the Act, and falls within the plenary jurisdiction of Civil Courts under Section 9 CPC.
• Mere existence of a special statute (Punjab Rented Premises Act) does not oust Civil Court jurisdiction unless expressly or clearly provided.
• Revisional Court erred in returning plaint under Order VII Rule 10 CPC; Civil Court is competent to hear the suit.

Decision

• Constitutional petition allowed.
• Judgment of Additional District Judge dated 13.09.2025 set aside.
• Suit deemed pending before trial Court, which shall proceed to decide on merits within six months.

Tag Line 

Once a tenant vacates the premises, Rent Tribunal loses jurisdiction; Civil Court may hear landlord’s suit for post-tenancy recovery of arrears and damages.

ORDER;

MALIK JAVID IQBAL WAINS, J. Through the instant constitutional petition filed under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, the petitioner has called into question the legality and correctness of the judgment dated 13.09.2025 rendered by the learned Additional District Judge, Gujranwala by virtue of which civil revision filed by respondent No.3 was accepted and the trial Court was directed to return the plaint for its presentment before the proper forum i.e. Rent Tribunal in view of the provision of Order VII Rule 10 of Code of Civil Procedure, 1908 (hereinafter “CPC”).

2.                The facts necessary for adjudication of the present petition are that respondent No.3, being tenant acquired the building/Bungalow No.71-A, measuring 02-Kanals, situated at Satellite Town, Gujranwala through tenancy agreement dated 13.02.2021 for the period of five years, which term was to expire on 28.02.2026. Although the agreed term was five years, the contract contained a condition permitting either party to terminate the tenancy earlier by serving a one-month prior notice. It was further agreed that the party opting for premature termination would be liable to pay the entire amount of rent due for the full five-year period. Respondent No.3, however, terminated the agreement prematurely while giving notice to the petitioners on 26.07.2022 and vacated the premises without settling the outstanding dues, whereafter possession was taken over by the landlords on 06.11.2022.