| Case ID |
08ae8ff4-5551-4e82-bb80-85f7f139390f |
| Body |
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| Case Number |
Civil Appeal No. 222-L of 2016 |
| Decision Date |
Oct 10, 2016 |
| Hearing Date |
Sep 15, 2016 |
| Decision |
The Supreme Court of Pakistan ruled that an order under Section 24 of the Punjab Rented Premises Act, 2009 cannot be passed against a respondent of an eviction application where the relationship of landlord and tenant has been denied. The court emphasized the need for establishing the tenant's status before any eviction proceedings could proceed. It highlighted that the Rent Tribunal must first ascertain the existence of a landlord-tenant relationship before issuing any orders for payment of rent. The court found that the lower courts had erred in their understanding of this relationship and consequently upheld the appellant's position regarding the denial of tenancy, thereby setting aside the previous judgments. |
| Summary |
This case revolves around the interpretation of the Punjab Rented Premises Act, 2009, particularly focusing on the implications of denying the landlord-tenant relationship in eviction applications. The Supreme Court of Pakistan clarified that the Rent Tribunal lacks jurisdiction to mandate the payment of rent under Section 24 when the relationship is disputed. The case underscores the importance of establishing the tenant's status before any legal obligations can be enforced. The ruling is significant in safeguarding tenant rights and ensuring that eviction proceedings are conducted fairly, particularly in cases where the legitimacy of the tenancy is challenged. This decision may have far-reaching consequences for similar disputes in the future, highlighting the need for clarity in landlord-tenant relationships as stipulated in the Act. Keywords: landlord-tenant relationship, eviction application, Punjab Rented Premises Act, rent tribunal jurisdiction, tenant rights, legal obligations. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
Mian Saqib Nisar, Justice,
Manzoor Ahmad Malik, Justice,
Mian Umar Ikramulhaque
|
| Lawyers |
Mr. Qamar Zaman Qureshi, ASC for Appellant,
Mr. Riasat Ali Chaudhry, ASC for Respondent No. 1
|
| Petitioners |
Mian Saqib Nisar
|
| Respondents |
Dr. Shahida Hasnain
|
| Citations |
2017 SLD 252,
2017 PLJ 1
|
| Other Citations |
PLD 2013 SC 775,
2012 MLD 108,
2016 PTD 1675,
PLD 1997 SC 32
|
| Laws Involved |
Punjab Rented Premises Act, 2009,
Punjab Rented Premises Ordinance, 2007
|
| Sections |
24,
10,
13,
2(i),
13(6),
2(i),
13(6)
|