GHULAM ALI vs Rana BABAR KHAN Ss — 2023 PLD 507 LAHORE-HIGH-COURT-LAHORE

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GHULAM ALI VS Rana BABAR KHAN Ss. 26, 31& 34---Civil Procedure Code (V of 1908), S. 12(2)---Rent proceedings---Civil Procedure Code, 1908, applicability of---Rent Tribunal passed an eviction order in the rent proceedings in which the petitioner was not impleaded---Petitioner moved the Rent Tribunal by filing an application for suspension of eviction order which was dismissed with the observation that since the suspension was sought on the ground that order had been obtained through fraud, therefore, the remedy available to the petitioner was to file an application under S. 12(2) of Civil Procedure Code, 1908---Appellate Court maintained the order passed by the Rent Tribunal---Contention of the petitioner was that his application (for suspension of eviction order) should be decided on merits as an application under S. 12(2) of C.P.C., 1908 could not be filed before the Rent Tribunal in view of bar contained in Ss. 26 & 34 of the Punjab Rented Premises Act, 2009---Held, that the Ss. 26 & 34 of the Punjab Rented Premises Act, 2009 ('the Act 2009') stipulated that, with the exception of the provisions of C.P.C. mentioned in section 26 of the Act 2009, there was a clear ouster of applicability of the provisions of Qanun-e-Shahadat, 1984, and C.P.C. to the Act, 2009 --In view of S. 31 of the Act, 2009, Rent Tribunal would execute the orders passed under the Act, 2009 as a decree of a Civil Court and for said purpose the Rent Tribunal could exercise any or all the powers as a Civil Court---Although in view of S. 26 of the Act 2009, Rent Tribunal could exercise limited powers as contemplated in C.P.C. and by virtue of bar contained in S. 34 of the Act, 2009, there was a bar as to applicability of the remaining provisions of C.P.C., 1908, yet keeping in view the import of S. 31 of the Act, 2009 Rent Tribunal was invested with powers to execute its orders passed under the Act, 2009 as a Civil Court, therefore, Rent Tribunal by virtue of ordinary rule of interpretation could exercise all the powers as contemplated in C.P.C., 1908---Since in view of S. 31 of the Act, 2009, Rent Tribunal could exercise/invoke the provisions of C.P.C.,1908 and could exercise the jurisdiction accordingly, thus where a person was aggrieved of an order passed by the Tribunal under the Act, 2009 on the basis of fraud he could challenge the same through an application under S. 12(2) of the C.P.C. and the ouster as contained in Ss. 26 & 34 of the Act, 2009 would not apply---No illegality or infirmity was noticed in the impugned orders and judgments passed by both the Courts below---Constitutional petition was dismissed, in circumstances .

GHULAM ALI vs Rana BABAR KHAN Ss — 2023 PLD 507 LAHORE-HIGH-COURT-LAHORE

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