2016 SCMR 2186 SUPREME-COURT

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Mian UMAR IKRAM-UL-HAQUE VS Dr. SHAHIDA HASNAIN Punjab Rented Premises Act 2009--2 , Punjab Rented Premises Act 2009--24 , Ss. 24 & 2(l)---eviction application---Denial of relationship of landlord and tenant---Order for payment of rent and other dues pending proceedings---Scope---Order for payment of rent and other dues under S. 24 of the Punjab Rented Premises Act, 2009 ("the Act") could not be passed against a respondent of an eviction application when he had denied the relationship of tenancy, and leave to contest had been granted by the Rent Tribunal and an issue to that effect had also been framed---Relationship of landlord and tenant was an essential question which had a direct effect upon the assumption and exercise of the jurisdiction of the Rent Tribunal, which (question) must necessarily be positively ascertained before passing an order for payment of rent due under S. 24 of the Act.[Farrukh Nadeem v. Muhammad Ahmad Khan and another (2009 MLD 955) declared to be bad law]