| Case ID |
00bbe76a-5245-4bb3-bc45-e191e554b4ed |
| Body |
View case body. Login to View |
| Case Number |
Writ Petition No. 22168 of 2010 |
| Decision Date |
Oct 20, 2010 |
| Hearing Date |
|
| Decision |
The court dismissed the constitutional petition filed by the petitioner, who challenged the order of the Additional District Judge allowing the landlord to deposit the fine prescribed under section 9(b) of the Punjab Rented Premises Act, 2009. The court found that the failure to deposit the requisite fine at the time of filing the ejectment petition was not fatal and could be remedied at a later stage. The decision emphasized the importance of allowing landlords the opportunity to comply with legal requirements, affirming the principle that procedural omissions could be corrected through subsequent compliance. |
| Summary |
In the case of Writ Petition No. 22168 of 2010, the Lahore High Court addressed the implications of non-compliance with the Punjab Rented Premises Act regarding the deposit of fines by landlords. The petitioner, a tenant, contested an order permitting the landlord to deposit the fine post-filing of the ejectment petition. The ruling clarified that while compliance with section 9(b) is essential, the absence of the deposit at initial filing does not invalidate the petition, allowing for rectification. This case underscores the balance between procedural adherence and the rights of landlords to rectify oversights, ensuring fair legal processes in tenant-landlord disputes. The court's decision aligns with precedents emphasizing the importance of allowing time for compliance, which is crucial for maintaining judicial efficiency and fairness in rental disputes. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
ASAD MUNIR, J,
MAHBOOB HUSSAIN MALIK
|
| Lawyers |
Ch. Waris Ali Saroya
|
| Petitioners |
Asad Munir
|
| Respondents |
ADDITIONAL DISTRICT JUDGE, Lahore
|
| Citations |
2013 SLD 2385,
2013 YLR 473
|
| Other Citations |
Muhammad Fayaz and another v. Muhammad Yaqub Hussain and another PLD 2010 Lah. 197,
Messrs Wateen Telecom (Pvt.) Ltd., through Attorney v. Malik Abdul Ahad and 2 others PLD 2009 Lah. 429
|
| Laws Involved |
Punjab Rented Premises Act (VII of 2009),
Constitution of Pakistan
|
| Sections |
9(b),
Art.199
|