| Case ID |
2393d3c4-9cc2-420a-aa5b-8aa0049c3f26 |
| Body |
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| Case Number |
Writ Petition No. 49479 of 2020 |
| Decision Date |
Oct 26, 2022 |
| Hearing Date |
Oct 26, 2022 |
| Decision |
The Lahore High Court dismissed Writ Petition No. 49479 of 2020 filed by Ghulam Ali, upholding the Rent Tribunal's eviction order against the petitioner. The court affirmed that the petitioner’s application for suspension of the eviction was properly dismissed by the Rent Tribunal, as the appropriate remedy under Section 12(2) of the Civil Procedure Code, 1908 was available and applicable. The petitioner’s contention that the eviction order was obtained through fraud was not substantiated with sufficient evidence. The court found no legal or procedural irregularities in the orders passed by the lower tribunals and maintained the eviction. Consequently, the constitutional petition was dismissed, reinforcing the authority of the Rent Tribunal and the statutory framework governing rent proceedings under the Punjab Rented Premises Act, 2009 and the Civil Procedure Code, 1908. |
| Summary |
In the significant legal matter of GHULAM ALI v. Rana BABAR KHAN and 3 others, adjudicated by the Lahore High Court on October 26, 2022, the petitioner, Ghulam Ali, challenged an eviction order issued by the Rent Tribunal under the Punjab Rented Premises Act, 2009. The case delves into the interpretation and applicability of specific sections of both the Punjab Rented Premises Act and the Civil Procedure Code (C.P.C.), 1908. The petitioner argued that the eviction order was procured through fraudulent means and sought the suspension of the eviction order. He contended that his application for suspension should be considered on its merits under Section 12(2) of the C.P.C., claiming that the statutory provisions in Sections 26 and 34 of the Punjab Rented Premises Act barred such applications before the Rent Tribunal.
However, the Rent Tribunal dismissed the petitioner’s application for suspension, observing that the appropriate legal remedy was indeed the filing of an application under Section 12(2) of the C.P.C., 1908. The petitioner appealed this decision, but the appellate court upheld the Rent Tribunal's ruling, maintaining the validity of the eviction order. The court emphasized that Sections 26 and 34 of the Punjab Rented Premises Act, 2009, despite containing ouster clauses, did not preclude the applicability of certain provisions of the C.P.C., specifically Section 12(2), which provides a mechanism to challenge eviction orders on the grounds of fraud.
The judgment highlighted that Section 31 of the Act empowers the Rent Tribunal to execute its orders as decrees of a civil court, thereby allowing the Tribunal to exercise powers under the C.P.C. The court referenced pertinent case law, including Mst. Fehmida Begum v. Muhammad Khalid and another (1992 SCMR 1908) and Shehzad Ali Shah v. Special Judge Rent, Lahore and others (PLD 2020 Lahore 354), to elucidate the legal interpretations surrounding the execution and challenge of eviction orders. The court concluded that the petitioner had not demonstrated any procedural or jurisdictional flaws in the Rent Tribunal’s decision and found no illegality or infirmity in the eviction order. Consequently, the constitutional petition was dismissed, affirming the Rent Tribunal's authority and the procedural pathways available for contesting eviction orders under the prevailing legal framework.
This case underscores the judiciary's stance on the procedural adherence required in rent proceedings and the limited scope for challenging eviction orders based on allegations such as fraud. It reinforces the applicability of specific sections of the C.P.C. in rent-related disputes and clarifies the extent of the Rent Tribunal's powers under the Punjab Rented Premises Act, 2009. Legal practitioners and parties involved in rent disputes can draw valuable insights from this judgment regarding the appropriate legal remedies and the importance of adhering to statutory provisions when contesting eviction orders. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
Faisal Zaman Khan, J
|
| Lawyers |
Mehar Abdul Shakoor,
Nemo
|
| Petitioners |
GHULAM ALI
|
| Respondents |
3 others,
Rana BABAR KHAN
|
| Citations |
2023 PLD 507,
2023 SLD 1928
|
| Other Citations |
Mst. Fehmida Begum v. Muhammad Khalid and another, 1992 SCMR 1908 ref.,
Shehzad Ali Shah v. Special Judge Rent, Lahore and others (PLD 2020 Lahore 354)
|
| Laws Involved |
Punjab Rented Premises Act, 2009,
Civil Procedure Code, 1908
|
| Sections |
26,
31,
34,
12(2)
|