2016 SCMR 2186 SUPREME-COURT

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Mian UMAR IKRAM-UL-HAQUE VS Dr. SHAHIDA HASNAIN Punjab Rented Premises Act 2009--15 , Punjab Rented Premises Act 2009--24 , Ss. 15 & 24---eviction application---Default in payment of rent raised as a ground for eviction---Denial of relationship of landlord and tenant---Order for payment of rent and other dues pending proceedings---Scope---Where default in the payment of rent was set out as a ground in the eviction application, the relationship of tenancy was denied by the respondent, leave was granted to the respondent of the case, an issue in such context was framed, evidence was led by the parties, and the Rent Tribunal came to the conclusion that such relationship did exist, the Tribunal by applying the principles of estoppel and the rule of forfeiture of tenancy shall straightaway pass an order of eviction against the respondent/tenant and shall also pass the final order regarding the amount of rent due to the landlord which the respondent (adjudged as a tenant) was obliged to pay, and such order shall be executable against the tenant, besides the execution of the eviction---Where, however, grounds envisaged by S. 15 of the Punjab Rented Premises Act, 2009 ("the Act") other than default in payment of rent were raised in an eviction application, the Rent Tribunal after deciding the issue of relationship of tenancy and finding in favour of the landlord may frame further issues on merits and at that point of time pass an order for payment of rent and other dues pending proceedings under S. 24 of the Act.