2019 MLD 2095 LAHORE-HIGH-COURT-LAHORE

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SHERAZ PERVAIZ MUSTAFA VS The SPECIAL JUDGE (RENT), LAHORE Ss. 5, 8, 9, 19 & 21---Ejectment of tenant---Tenancy being oral---Payment of fine---Effect---Ex-parte proceedings---Scope---Petition for leave to contest was dismissed and eviction petition was accepted ex-parte---Validity---Payment of fine would authorize the Rent Tribunal only to entertain an eviction petition---Mere entertainment of ejectment application did not confer jurisdiction to the Rent Tribunal nor could it be assumed unless relationship of landlord and tenant was accepted or its existence had been established through evidence---Rent Tribunal was to assume jurisdiction if eviction petition was supported by a registered tenancy---Relationship of landlord and tenant stood proved by operation of law in existence of written and registered tenancy agreement---Rent Tribunal was to determine the question of tenancy in absence of registered tenancy agreement for which relationship of landlord and tenant was sine-qua-non---Rent Tribunal to determine the terms and conditions of tenancy before determining the grounds of seeking an eviction order---If Rent Tribunal had proceeded ex-parte after denying leave to contest then existence of tenancy and its breach was prima facie to be proved by a non-compliant applicant through unimpeachable and undeniable evidence---Impugned order had been passed in a mechanical manner and no findings with regard to existence of tenancy or non-payment of rent had been passed---Rent Tribunal had failed to discharge its duty, in circumstances---Impugned orders passed by the Courts below were set aside---Ejectment petition was to be deemed to be pending before the Rent Tribunal---Constitutional petition was allowed, in circumstances.