| Case ID |
e10ad391-023f-461b-ac4c-5cffde7385ad |
| Body |
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| Case Number |
Writ Petitions Nos. 21415 to 21419 of 2011 |
| Decision Date |
Sep 28, 2011 |
| Hearing Date |
|
| Decision |
The Lahore High Court dismissed the constitutional petitions due to the lack of compliance with the Punjab Rented Premises Act, particularly section 9(b). The Appellate Court had remanded the case back to the Rent Tribunal for fresh consideration, emphasizing that the Tribunal must ensure compliance with the law before assuming jurisdiction. The court highlighted the importance of affording parties an opportunity to comply with legal provisions before dismissing their petitions. The ruling reinforced the principle that justice should not be denied without giving parties a fair chance to meet legal requirements. |
| Summary |
This case revolves around the interpretation of the Punjab Rented Premises Act, particularly focusing on ejectment proceedings and the jurisdiction of the Rent Tribunal. The Lahore High Court addressed the necessity of compliance with section 9(b) of the Act, which mandates that a party must deposit a penalty before the Tribunal can assume jurisdiction over an ejectment petition. The court underscored the principle of fair opportunity in legal proceedings, stating that the law aims to prevent non-suit without allowing compliance with legal requirements. This case serves as a significant reference for future ejectment cases and highlights the judicial responsibility to ensure justice is served. Furthermore, it emphasizes the importance of adhering to procedural rules in rent-related disputes, ensuring that landlords and tenants alike are treated fairly under the law. The ruling is expected to influence how similar cases are handled in the future, reinforcing the expectation of compliance with legal provisions and the necessity of judicial oversight in rent disputes. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
SYED MUHAMMAD KAZIM RAZA SHAMSI, J.
|
| Lawyers |
Mirza Hafeez-ur-Rehman
|
| Petitioners |
SHAHID MUSTAFA
|
| Respondents |
MUNIR AHMAD, A.D.J and others
|
| Citations |
2012 SLD 2274,
2012 YLR 34
|
| Other Citations |
Allah Ditta Sajid v. Muhammad Saleem Qureshi and others (C.P. No.3490-L 2010),
PLD 1984 SC 289,
Muhammad Faiz and another v. Ch. Yaqoob Hussain and others PLD 2010 Lahore 197
|
| Laws Involved |
Punjab Rented Premises Act (VII of 2009),
Constitution of Pakistan
|
| Sections |
9(b),
15,
199
|