| Case ID |
3d445cbf-7cc2-4dae-90d4-bd4c0c1b9ab4 |
| Body |
View case body. Login to View |
| Case Number |
Writ Petition No.93 of 2011 |
| Decision Date |
Mar 15, 2011 |
| Hearing Date |
|
| Decision |
The Lahore High Court dismissed the Writ Petition filed by Ehsan Abbas against the order of the Rent Tribunal, which allowed Khush Abbas to submit affidavits at a later stage in an eviction proceeding. The court held that despite the use of the word 'shall' in Section 19(4) of the Punjab Rented Premises Act, 2009, the requirement to submit affidavits was directory, not mandatory. Therefore, the Rent Tribunal was justified in permitting the submission of affidavits after the initial filing. The court found no illegality in the Tribunal's decision, affirming that the petitioner could still cross-examine the witnesses during the trial. |
| Summary |
This case revolves around the interpretation of Section 19(4) of the Punjab Rented Premises Act, 2009, concerning the submission of affidavits by landlords during eviction proceedings. The Lahore High Court ruled on the nature of the requirement to submit affidavits, determining that it is directory rather than mandatory, thereby allowing for flexibility in the submission process. The decision emphasizes the importance of procedural fairness in eviction cases, allowing landlords to present their evidence even if it is submitted after the initial filing. This case is significant for landlords and tenants alike, setting a precedent for how procedural rules are applied in rental disputes. Keywords: eviction proceedings, Punjab Rented Premises Act, affidavit submission, Lahore High Court ruling. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
NASIR SAEED SHEIKH, J
|
| Lawyers |
Muhammad Javaid Niazi,
Raja Muhammad Ashraf Zameer
|
| Petitioners |
EHSAN ABBAS
|
| Respondents |
others,
KHUSH ABBAS
|
| Citations |
2011 SLD 468 = 2011 PLD 311
|
| Other Citations |
Not available
|
| Laws Involved |
Punjab Rented Premises Act, 2009
|
| Sections |
19(4)
|