2017 YLRN 231 LAHORE-HIGH-COURT-LAHORE

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MUHAMMAD SAGHIR VS ADDITIONAL DISTRICT JUDGE Ss. 24, 25 & 2(b), (h)---Punjab Urban Rent Restriction Ordinance (VI of 1959), S. 13(2)---Constitution of Pakistan, Art. 199--- Constitutional petition---Arrears of rent---Determination---Powers of Rent Tribunal---Petitioner filed eviction petition which was allowed by Trial Court directing tenant to handover possession of rented premises along with payment of arrears of rent, and appeal against said order was dismissed---Contention raised by tenant was that Trial Court could evict him but could not determine arrears of rent as no provision in that regard existed under Punjab Rented Premises Act, 2009, as existed under Punjab Urban Rent Restriction Ordinance, 1959---Validity---Provision of S. 24 of Punjab Rented Premises Act, 2009 had given ample powers to Trial Court to direct tenant to deposit rent admitted between parties in addition to payment of utility bills---Trial Court after awarding tentative rent would proceed with matter and after recording evidence and hearing parties would pass final order, and, while passing final order, it would determine arrears of rent adjusting any amount already paid by tenant---If Trial Court had been given powers to determine tentative rent, it would also finally determine outstanding amount against tenant---Trial Court under Ss. 24 & 25 read with S. 2(b) & (h) of Punjab Rented Premises Act, 2009 was fully empowered to determine arrears of rent---Constitutional petition was dismissed, in circumstances.