2017 YLR 1509 LAHORE-HIGH-COURT-LAHORE

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Malik ZAFAR-UL-ISLAM VS ABDUL AZEEM LATIF Application for leave to defend--Term , Eviction of tenant--TERM , Punjab Rented Premises Act 2009--15 , Punjab Rented Premises Act 2009--22 , Wilful default--Words and , Ss.15 & 22(4)(6)---eviction of tenant---Wilful default---Application for Leave to defend--- Recording of evidence by Rent Tribunal without specifically allowing leave to contest---Scope---Tenant contended that there was no provision in the law for recording evidence without granting leave to contest---Landlord contended that since issue on default had been framed by Rent Tribunal, it hardly made any difference, that leave to contest was granted or not---Validity---Rent Tribunal keeping in view divergent pleas of the parties had come to the conclusion that parties were at factual variance regarding rate of rent as well as period of default---Rent Tribunal concluded that there were triable issues in the case which required recording of evidence---Section 22(4) of the Act provided that Rent Tribunal shall not allow leave to contest to the tenant, unless the application disclosed sufficient grounds for production of oral evidence---Section 22(6) of the Act clearly contemplated that in case leave to contest was refused the Rent Tribunal shall pass the final order---In the present case, final order was not passed and Tribunal felt need to record evidence of the parties, therefore, for all intents and purposes the application for leave to contest was allowed---If conclusion of the Tribunal was not happily worded or no specific word for grant of leave was mentioned and issue had been framed, that did not mean that leave had not been granted---Constitutional petition was dismissed accordingly.