IRSHAD AHMED vs SHAUKAT HUSSAIN KIYANI S — 2024 MLD 334 LAHORE-HIGH-COURT-LAHORE

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IRSHAD AHMED VS SHAUKAT HUSSAIN KIYANI S. 19---Constitution of Pakistan, Art. 199---Constitutional petition---Ejectment of tenant---Un-registered tenancy agreement---Mandatory provision, violation of---Petitioner/tenant was aggrieved of eviction order passed by Rent Tribunal and maintained by Lower Appellate Court on the ground that in case of unregistered tenancy agreement mandatory provisions of S. 19 of Punjab Rented Premises Act, 2009, were not followed---Validity---If tenancy agreement introduced by petitioner/tenant in his defence in application for leave to contest was not registered or it was not conforming to provisions of Punjab Rented Premises Act, 2009, Rent Tribunal could at the most, halt further proceedings in the matter and direct petitioner to pay penalty in terms of S. 9 of Punjab Rented Premises Act, 2009 within specified period of time---If such amount was deposited by petitioner/tenant within specified period, his application for leave to contest should have proceeded further and in case of failure, it should have been dismissed---Provision of S. 9 of Punjab Rented Premises Act, 2009 was not restricted only to application filed by respondent/landlord, more particularly the ejectment petition---Any application either by landlord or tenant, as the case could be, when brought before Rent Tribunal for enforcement of his rights under tenancy agreement not conforming to provisions of Punjab Rented Premises Act, 2009 could be proceeded after having a recourse to S. 9 of Punjab Rented Premises Act, 2009 by directing landlord or tenant to deposit the penalty---Rent Tribunal as well as Lower Appellate Court though formed concurrent opinion but it was tainted with patent illegalities---High Court set aside eviction orders passed by two Courts below for being illegal and unlawful and matter was remanded to Rent Tribunal to decide application for leave to contest afresh while taking into consideration section 9 of Punjab Rented Premises Act, 2009---Constitutional petition was allowed accordingly.

IRSHAD AHMED vs SHAUKAT HUSSAIN KIYANI S — 2024 MLD 334 LAHORE-HIGH-COURT-LAHORE

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