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MRS. TASNEEM ABBAS vs ADDITIONAL DISTRICT JUDGE, LAHORE — 2026 SCMR 171 SUPREME-COURT

Case information

Citation
2026 SCMR 171 SUPREME-COURT
Court
Supreme Court of Pakistan
Year
2026
Reporter
SCMR
Parties
MRS. TASNEEM ABBAS vs ADDITIONAL DISTRICT JUDGE, LAHORE
Subject matter
Civil
Provisions referred to
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

MRS. TASNEEM ABBAS VS ADDITIONAL DISTRICT JUDGE, LAHORE. Ss.5(2), 8 & 9(a)---Punjab Rented Premises Act, 2007---Eviction petition---Landlord and tenant relationship---Non-compliance of tenancy registration requirements---Effect. Appellant filed eviction petition seeking eviction of tenant. Appellate court and High Court held that landlord-tenant relationship was not proved. Section 8 of Punjab Rented Premises Act, 2007 provided that existing landlord and tenant were required to bring tenancy in conformity with provisions of Act within two years. Section 9(a) provided consequence of non-compliance and payment of fine. In present case, tenancy agreement was not entered before Rent Registrar. Supreme Court held that omission to present tenancy agreement before Rent Registrar within grace period could not render eviction petition liable to dismissal where proceedings were already pending. Opportunity should have been provided to landlord to cure defect by payment of fine under Section 9(a). Tenant claiming ownership through civil suit could not assume status of owner until obtaining decree. Appellate court wrongly required landlord to defend title in civil proceedings. Judgments of High Court and appellate court were set aside and matter was remanded for decision after providing opportunity regarding statutory compliance. Appeal was allowed.

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