2026 YLR 547 LAHORE-HIGH-COURT-LAHORE

Full text

Tanveer Amjad Tahir VS Shahid Mehmood Ss.2(b), 15, 19 & 22---Constitution of Pakistan, Art.199---Ejectment proceedings---Rejection of leave to contest, challenge to---Dispute regarding arrears/security requiring oral evidence---Effect---Final order, meaning of---eviction order alone without deciding security/arrears adjustment not a "final order"---Briefly, the petitioner was a tenant of respondent No.1 under a rent agreement for five years at Rs.13,000/- per month with 10% annual increase, with security paid in advance; the landlord filed ejectment under S.19, Punjab Rented Premises Act, 2009 on grounds including expiry of tenancy and rent default, and although the tenant sought leave to contest asserting Rs.3,75,000/- security was agreed to be adjusted in rent (with Rs.1,95,000/- still outstanding), the Rent Tribunal refused leave and ordered eviction, which was upheld in appeal, leading to the filing of present constitutional petition by the tenant---Held: Upon examination of leave to contest it clearly evinced that in the light of its averments, it was disclosing sufficient grounds for production of oral evidence---In terms of S.2(b) of the Act, 2009, Rent Tribunal was obliged to pass an order with respect to dispute relating to security as well as arrears of rent, as canvassed in the ejectment application and application for leave to contest so as to culminate the proceedings---In view of clear and unequivocal mandate of law, the Special Judge (Rent) had abdicated its jurisdiction which was not permissible---The observations, so recorded, by the Rent Tribunal itself reflected that the Special Judge (Rent) did not conclude the proceedings and the order, so passed, was not final---Leave to contest filed by the petitioner was accepted---Constitutional petition was allowed, in circumstances.