| Case ID |
2297accc-8e99-4162-86cc-576a47ea5bc4 |
| Body |
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| Case Number |
W.P. No. 15855 of 2016 |
| Decision Date |
Feb 16, 2017 |
| Hearing Date |
Feb 16, 2017 |
| Decision |
The Lahore High Court dismissed the petition filed by Malik Zafar-ul-Islam and others against Abdul Azeem Lateef and others. The court held that the Special Judge (Rent) acted within the parameters of the Punjab Rented Premises Act, 2009 by recording evidence despite not granting leave to contest in specific terms. The judge concluded that there were triable issues regarding the rate of rent and the period of default, necessitating the recording of evidence to settle the factual disputes between the parties. Consequently, the application for leave to contest was effectively allowed, and the petition lacked merit, leading to its dismissal without any order as to costs. |
| Summary |
In the landmark case W.P. No. 15855 of 2016 decided on February 16, 2017, the Lahore High Court addressed pivotal issues under the Punjab Rented Premises Act, 2009, and the Civil Procedure Code, 1908. Petitioners, led by Malik Zafar-ul-Islam, sought the vacation of a rented premises due to alleged default in rent payments by respondents, Abdul Azeem Lateef and others. The case revolved around whether the respondents were willful defaulters concerning enhanced and entire rent from 2009. Central to the litigation was the interpretation of Section 22 of the Punjab Rented Premises Act, which governs the procedures for ejectment petitions and the granting of leave to contest. The Special Judge (Rent) initially framed issues based on factual variances regarding rent rates and default periods, emphasizing the necessity of recording evidence to resolve these disputes. Petitioners contended that recording evidence without explicitly granting leave to contest exceeded judicial authority and contravened the Act's spirit. Conversely, respondents argued that the lack of specific terms in the order did not negate the approval of their application for leave to contest. The High Court meticulously examined the procedural adherence of the Special Judge (Rent), concluding that the recording of evidence was justified due to the presence of triable issues. This decision underscores the Court's commitment to ensuring fair adjudication in rental disputes, balancing statutory provisions with the practical necessities of evidence evaluation. Keywords such as 'Punjab Rented Premises Act', 'ejectment petition', 'leave to contest', 'rent default', and 'Lahore High Court decision' enhance the case's SEO visibility, targeting trending legal search terms with manageable competition. This judgment sets a precedent for future cases involving rental agreements and judicial procedures under Pakistani law, emphasizing the importance of evidence-based decision-making in resolving tenancy disputes. |
| Court |
Lahore High Court
|
| Entities Involved |
Lahore High Court,
Constitution of Pakistan, 1973,
Punjab Rented Premises Act, 2009,
Civil Procedure Code, 1908,
MUHAMMAD ALI, J.,
Malik ZAFAR-ULISLAM,
ABDUL AZEEM LATEEF,
Mirza Imtiaz Ali Shahid,
Mr. Tariq Masood,
Saad Tariq,
Special Judge (Rent)
|
| Judges |
MUHAMMAD ALI, J.
|
| Lawyers |
Mirza Imtiaz Ali Shahid,
Mr. Tariq Masood,
Saad Tariq
|
| Petitioners |
3 others,
Malik ZAFAR-ULISLAM
|
| Respondents |
2 others,
ABDUL AZEEM LATEEF
|
| Citations |
2017 SLD 1259,
2017 PLJ 616
|
| Other Citations |
Not available
|
| Laws Involved |
Punjab Rented Premises Act, 2009,
Constitution of Pakistan, 1973,
Civil Procedure Code, 1908
|
| Sections |
22(4)(b),
Art. 199,
Order XXXVIII Rr. 1 & 2
|