Haji MUHAMMAD LATIF vs MUHAMMAD SHARIF S — 2021 SCMR 1430 SUPREME-COURT

Case information

Citation: 2021 SCMR 1430 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2021
Reporter: SCMR
Parties: Haji MUHAMMAD LATIF vs MUHAMMAD SHARIF S
Subject matter: Rent
Provisions referred to: S. 22; Punjab Rented Premises Act

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

Haji MUHAMMAD LATIF VS MUHAMMAD SHARIF S. 22(6)---Leave to contest, refusal of---Rent Tribunal refusing leave to contest filed by tenants but fixing ejectment petitions for production of supporting evidence of the landlord and awarding the tenants a right to cross-examine the landlord and his witnesses---Legality---Provision of S. 22(6) of the Punjab Rented Premises Act, 2009 ('the Act') specifically provide that in case where the leave to contest was refused or the tenant had failed to file application for leave to contest within the stipulated time, the Rent Tribunal shall pass the final order---Section 22(6) of the Act being a mandatory provision with the consequences spelled out left no option for the Rent Controller but to pass final order---Order passed by Rent Tribunal was against the mandate of S. 22(6) of the Act---Petitions for leave to appeal were converted into appeals and allowed and Rent Tribunal was directed to decide the ejectment petitions through a final order in terms of the provisions of S. 22(6) of the Act.

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