Malik MUHAMMAD ARIF vs ZAFAR IQBAL S — 2022 PLD 366 SUPREME-COURT

Case information

Citation: 2022 PLD 366 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2022
Reporter: PLD
Parties: Malik MUHAMMAD ARIF vs ZAFAR IQBAL S
Subject matter: Rent
Provisions referred to: S. 19---E; 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

Malik MUHAMMAD ARIF VS ZAFAR IQBAL S. 19---Eviction application incorrectly addressed to the Civil Court---Rectification of error by registering the same as an ejectment application---In the present case, the petitioner (landlord) filed an ejectment application before the Trial Court but it was addressed to the Civil Court---However, the contents of the application precisely stated the facts with regard to the relationship of landlord and tenant and the relief claimed therein was for eviction of the respondent-tenant---Application contained concise statement in respect of the premises rented out by the petitioner to the respondent and the relief for eviction of the tenant and recovery of rent claimed for---Thus, it was clear enough to consider that it was a rent application, instead of a civil suit---Though the application was addressed to the Civil Court, but the contents of the same were sufficient to believe that it was for the eviction of a tenant---Initially the application was registered as a civil suit, but subsequently it was rectified and re-numbered as aneviction petition---All the proceedings were conducted in accordance with the Punjab Rented Premises Act, 2009---Under such circumstances, it could not be said that the eviction application was before the Civil Court nor was it a civil suit---Petition for leave to appeal was converted into appeal and allowed.

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