| Case ID |
3b172eed-a8f5-446b-b27e-482d9b7e5018 |
| Body |
View case body. Login to View |
| Case Number |
Writ Petition No. 20844 of 2009 |
| Decision Date |
Dec 16, 2009 |
| Hearing Date |
|
| Decision |
The Lahore High Court dismissed the constitutional petition challenging the order of the Rent Tribunal. The Tribunal's order required the landlord to deposit a fine as mandated by Section 9(b) of the Punjab Rented Premises Act, 2009, to entertain the ejectment petition. The court emphasized the importance of compliance with procedural requirements and the inherent powers of the Tribunal to allow reasonable time for compliance. The court clarified that refusal to entertain does not prevent the filing of an application, but the Tribunal cannot adjudicate on merits without the required deposit. |
| Summary |
In the case of Writ Petition No. 20844 of 2009, brought before the Lahore High Court, the petitioners challenged the order of the Rent Tribunal which directed the landlord to deposit a fine under Section 9(b) of the Punjab Rented Premises Ordinance (XXI of 2007). The case addresses key issues regarding compliance with procedural law in eviction cases and the powers of the Rent Tribunal. The court ruled that the Tribunal could not consider the ejectment petition without the required deposit. The decision reflects trends in legal interpretations surrounding landlord-tenant disputes, emphasizing the necessity for adherence to statutory requirements. The court's ruling reinforces the principle that procedural compliance is essential for judicial consideration, and highlights the flexibility often afforded to litigants in fulfilling such requirements. The judgment also underlines the ongoing discussions in legal circles regarding the balance between technical compliance and the substantive rights of parties in eviction matters, making it a significant case in the realm of landlord-tenant law. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
IJAZ UL AHSAN, J
|
| Lawyers |
Mian Khurshid Alam Ramay,
Abdur Razzaq Younas
|
| Petitioners |
anothers,
MUHAMMAD FIAZ
|
| Respondents |
another,
Ch. YAQOOB HUSSAIN
|
| Citations |
2010 SLD 334 = 2010 PLD 197
|
| Other Citations |
Not available
|
| Laws Involved |
Punjab Rented Premises Ordinance (XXI of 2007),
Civil Procedure Code (V of 1908),
Suits Valuation Act, 1887,
Court Fees Act, 1870
|
| Sections |
9(b),
36,
9(2),
149,
Order VII rule 11,
151,
148,
11,
6,
12,
28
|