| Case ID |
ffc9492f-2f51-48ca-ba63-8725bf47c4c7 |
| Body |
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| Case Number |
Writ Petition No.80035 of 2022 |
| Decision Date |
Jul 05, 2023 |
| Hearing Date |
May 09, 2023 |
| Decision |
The High Court set aside the impugned order passed by the Rent Tribunal, to the extent of the permission to produce the voice recording. The constitutional petition was allowed in light of the circumstances. The court emphasized the importance of adhering to the mandatory provisions of the Punjab Rented Premises Act, 2009, which require strict compliance. The court held that the respondent had failed to provide sufficient grounds for the late submission of the voice recording, which was not appended with the original ejectment petition. |
| Summary |
This case revolves around a writ petition filed by Nasira Bibi against the decision of the Special Judge Rent, Lahore. The petitioner challenged the permission granted by the Rent Tribunal to the respondent for producing a voice recording as evidence. The case scrutinizes the application of the Punjab Rented Premises Act, 2009, and the Qanun-e-Shahadat (10 of 1984) with respect to mandatory and directory provisions. The High Court, under the jurisdiction of Justice Sultan Tanvir Ahmad, emphasized the principles of fairness and equity, highlighting the necessity for strict compliance with the Act's provisions. The court determined that the respondent's failure to append the voice recording with the initial ejectment petition and the absence of sufficient justification for its late submission rendered the Tribunal's permission unjustified. Consequently, the High Court set aside the order, reinforcing the importance of procedural adherence in eviction proceedings. Keywords like 'Punjab Rented Premises Act 2009', 'Eviction Petition', 'Lahore High Court', and 'Qanun-e-Shahadat Order 1984' are integral to this case, offering insights into tenant-landlord disputes and the legal frameworks governing them. |
| Court |
Lahore High Court
|
| Entities Involved |
Saeed Ahmad,
Muhammad Ilyas Sulehri,
Chaudhary Shah Din
|
| Judges |
Sultan Tanvir Ahmad, J
|
| Lawyers |
Muhammad Iqbal Ghani for Petitioner,
Atiq-ur-Rehman Mughal for Respondent No.2
|
| Petitioners |
Nasira Bibi
|
| Respondents |
another,
Special Judge Rent, Lahore
|
| Citations |
2024 SLD 2862,
2024 CLC 230
|
| Other Citations |
The State through Regional Director ANF v. Imam Bakhsh and others 2018 SCMR 2039,
Mafizullah v. Manai Ullah and others PLD 1963 Dacca 318,
S.N. Nagaraja Rao v. Chikkachennappa and others 1981 (1) Kar LJ 201,
Shri Harish. Chandra Mishra and others v. The Hon'ble Mr. Justice S. Ali Ahmed, Opposite Party AIR 1986 PATNA 65,
Khalil-ur-Rehman and another v. Dr. Manzoor Ahmed and others PLD 2011 SC 512,
Muslim Commercial Bank Limited v. Syed Ahmad Saeed Kirmani 1991 CLC 140,
Zafar Iqbal and others v. Bashir Ahmad and another PLD 1988 Supreme Court 109,
Nawab Din through Legal Representatives v. Said and 6 others 2005 YLR 2024,
Muhammad Younus v. Mst. Kaniz Fatima PLD 2000 Karachi 348,
Dr. Sajjad Nazir v. Special Judge Rent Tribunal, Lahore and 2 others 2017 CLC Note 131
|
| Laws Involved |
Punjab Rented Premises Act, 2009,
Qanun-e-Shahadat (10 of 1984)
|
| Sections |
15,
19,
22,
25,
27,
34,
164
|