2015 YLR 544 LAHORE-HIGH-COURT-LAHORE
Punjab · 2015
Full text
HASSAN ALI GONDAL VS KARIM ENTERPRISES Code of Civil Procedure 1908--24 , Punjab Rented Premises Act 2009--15 , Punjab Rented Premises Act 2009--22 , S.24---Punjab Rented Premises Act (VII of 2009), Ss. 15 & 22---Constitution of Pakistan, Art. 10-A---Application for eviction of tenant---Transfer of eviction application---Bias in Rent Tribunal---Scope---Tenants filed application for transfer of eviction application which was dismissed by the District Judge---Contention of the tenants was that Rent Tribunal was biased against them---Petitioners had attributed bias on account of dismissal of their applications by the Rent Tribunal---Mere fact that Rent Tribunal had decided interlocutory applications against the petitioners was not sufficient to establish bias---Interim orders passed on applications were amenable to revisional jurisdiction---Nothing was on record to show that orders on applications were passed with mala fide or for consideration---Wrong order passed by the court in good faith would not furnish ground of bias---Petitioners had not been able to attribute bias---Nothing was on record to show that principles of natural justice were violated by the Rent Tribunal---Proceedings in the eviction petition were required to be conducted expeditiously---Short adjournments were hardly ground to attribute bias---Bona fide expeditious proceedings could not give cause of grievance to move for transfer of the eviction petition---District Judge had passed the impugned order through lawful exercise of jurisdiction---No jurisdictional error, factual or legal infirmity or irregularity was found---Revision was dismissed.
