| Citation(s) |
|---|
| 2026 SLG 4376 = 2026 SLD 4376 |
WRIT PETITION NO.1480 OF 2023
Presented By: (ANWAAR HUSSAIN) JUDGE (MIRZA VIQAS RAUF) JUDGE (SYED AHSAN RAZA KAZMI) JUDGE
Dates of hearing: 09.06.2026, 10.06.2026, 15.06.2026, 16.06.2026, 17.06.2026, 24.06.2026, 29.06.2026 & 30.06.2026. Petitioners by: Mr. Tahir Malik, Advocate.
Respondents No.1 & 2 by: Sardar Abdul Raziq Khan, Advocate. Amicus Curiae: Barrister Ch. Imran Hassan Ali.
SHEIKH AAMIR and another
VERSUS
IDREES JAVED and others
Law: Punjab Rented Premises Act, 2009
Section: 2(b), 2(e), 15, 19, 22, 22(4), 22(6), 23, 24, 34
Summary
The case concerns eviction of tenants under the Punjab Rented Premises Act, 2009. The landlord sought eviction on several grounds, including expiry of tenancy, non-payment of rent, and breach of tenancy terms. The tenants applied for leave to contest under Section 22.
The main legal question was whether a Rent Tribunal can partially refuse leave to contest, order eviction, but still allow evidence/issues regarding rent arrears or Pagri to be decided separately.
The Court held that Section 22 does not recognize “partial leave to contest” or “leave in toto.” If the tenant's application discloses sufficient grounds for oral evidence, leave to contest must be granted; if it does not, leave is refused and the Tribunal must pass the final order.