2014 YLR 2665 LAHORE-HIGH-COURT-LAHORE

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MAZHAR ALI QURESHI VS ADDITIONAL DISTRICT JUDGE, MULTAN Constitutional petition--TERM , Punjab Rented Premises Act 2009--15 , S. 15---Constitution of Pakistan, Art. 199--- Constitutional petition---Application for eviction of tenant---Landlord moved an application for ejectment of tenant wherein an application for leave to defend was filed which was dismissed concurrently---Contention of tenant was that he had purchased the suit house---Validity---Relationship of landlord and tenant between the parties had been denied---No written tenancy agreement was on record and landlord was to establish the said relationship---Rent Tribunal was to allow the application for leave to defend and frame issue with regard to existence of relationship of landlord and tenant and then to decide application for ejectment after recording of evidence---Appellate Court had committed illegality while passing the impugned judgment which was based on mis-reading and mis-construction of pleadings of the parties---Impugned judgment passed by the Appellate Court and order passed by the Rent Tribunal were not tenable and same were passed in violation of law and without lawful authority which were set aside---Case was remanded to the Rent Tribunal with the direction to frame issue with regard to existence of relationship of landlord and tenant and then decide the same in accordance with law---Constitutional petition was accepted in circumstances.