| Case ID |
150ed685-5fe5-4060-bc52-4f6bdcda8f45 |
| Body |
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| Case Number |
Writ Petition No. 210100 of 2018 |
| Decision Date |
Nov 23, 2018 |
| Hearing Date |
Nov 23, 2018 |
| Decision |
The Lahore High Court dismissed the writ petition filed by Adeel Ahmad Gaba challenging the order of the Special Judge Rent. The court held that the Rent Tribunal had jurisdiction to hear the ejectment petition filed by Malik Bashir Ahmad under the Punjab Rented Premises Act, 2009. The court emphasized that the relationship of landlord and tenant must be established through a written tenancy agreement as per the provisions of the Act. The judge noted that the arguments presented regarding the oral tenancy and jurisdiction were not sufficient to overturn the Rent Tribunal's decision. The court upheld the necessity for compliance with the Act's provisions, particularly sections 8 and 9, which mandate the formalization of tenancy agreements. |
| Summary |
In the case of Adeel Ahmad Gaba vs. Special Judge Rent, the Lahore High Court addressed significant issues under the Punjab Rented Premises Act, 2009. The petitioner, Adeel Ahmad Gaba, contested the jurisdiction of the Rent Tribunal regarding an ejectment petition filed by Malik Bashir Ahmad. The core of the dispute centered around the validity of an oral tenancy agreement and whether it complied with the statutory requirements of the Act. The court reaffirmed that tenancy agreements must be in writing to be enforceable and that the Rent Tribunal possesses the authority to rule on matters of ejectment as outlined in the Act. This decision reinforces the importance of adhering to legal procedures in landlord-tenant relationships, emphasizing the need for documented agreements to prevent disputes. The ruling serves as a landmark interpretation of the Punjab Rented Premises Act, clarifying the obligations of landlords and tenants in Pakistan. Key terms such as 'landlord', 'tenant', 'ejectment petition', and 'jurisdiction of Rent Tribunal' are crucial for understanding the implications of this case in rental agreements and property law. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
SHAKIL-UR-REHMAN KHAN
|
| Lawyers |
Hafiz Ch. Muhammad Tahir,
Akhtar Rana
|
| Petitioners |
ADEEL AHMAD GABA
|
| Respondents |
SPECIAL JUDGE RENT,
MALIK BASHIR AHMAD
|
| Citations |
2019 SLD 1393,
2019 PLD 268
|
| Other Citations |
Rana Abdul Hameed Talib v. Additional District Judge Lahore and others PLD 2013 SC 775,
Mirza Book Agency and others v. Additional District Judge Lahore and others 2013 SCMR 1520,
Dr. MUHAMMAD AFZAL HUSSAIN v. ADDITIONAL DISTRICT JUDGE, LAHORE and 5 others (2015 CLC 1546)
|
| Laws Involved |
Punjab Rented Premises Act, 2009
|
| Sections |
8,
9,
16(4)
|