2013 SCMR 1520 SUPREME-COURT

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MIRZA BOOK AGENCY VS ADDITIONAL DISTRICT JUDGE, LAHORE Eviction petition--Term , Mandatory--Term , Punjab Rented Premises Act 2009--15 , Punjab Rented Premises Act 2009--8 , Punjab Rented Premises Act 2009--9 , Ss. 8, 9 & 15---eviction petition---Time limit of 2 years stipulated under S.8 of Punjab Rented Premises Act, 2009 for a landlord/tenant to bring a tenancy agreement in conformity with the provisions of the said Act---Mandatory---Depositing of fine by landlord/tenant to bring the tenancy agreement in conformity with the said Act---Question as to whether a landlord/tenant having an existing tenancy could approach the Rent Tribunal for enforcement of his rights under the Punjab Rented Premises Act, 2009, without depositing such fine on the basis that time period of 2 years provided under S. 8 of said Act had not lapsed---Landlord, in the present case, filed eviction petition against tenant (appellant) under S. 15 of Punjab Rented Premises Act, 2009---Plea of tenant was that there was an existing tenancy agreement between the parties, but the same had not been brought in conformity with the provisions of Punjab Rented Premises Act, 2009 as required under S. 8 of the said Act, therefore eviction petition of landlord could not be entertained in terms of S. 9 of the said Act without the landlord first paying the fine to the tune of ten per cent---Rent Tribunal discarded plea of tenant and allowed the eviction petition---Appeal and constitutional petition filed before High Court against order of Rent Tribunal were also dismissed---Validity---Provisions of S. 9 of Punjab Rented Premises Act, 2009 were mandatory not only vis-a-vis the future tenancies, but also with respect to existing tenancies---Where a landlord or tenant moved the Rent Tribunal for the exercise of his right and enforcement of obligations of the opposite side in terms of provisions of Punjab Rented Premises Act, 2009, notwithstanding that a period of two years was available under S. 8 of the said Act to bring the existing tenancies in conformity with the said Act, he was obliged to pay the fine/penalty under S. 9 of Punjab Rented Premises Act, 2009 at the time of filing the petition/application or as directed by the Rent Tribunal---Cases where applications/petitions (of the landlord or the tenant) had been entertained and were pending before the Rent Tribunal or had been finally adjudicated by the Tribunal and were pending in further hierarchy of appeal or in constitutional jurisdiction of High Court or even before the Supreme Court; and the original applicant/petitioner had not paid the fine which he was required to pay, such proceedings should be halted, and the original applicant/petitioner should first be directed to pay/deposit the amount of fine as per S. 9 of Punjab Rented Premises Act, 2009---Amount of fine and the time for it should be exactly specified by the court seized of the matter in the requisite order, and in case of failure to pay such fine, the original application/petition should be dismissed---In the present case, however, pursuant to the eviction order passed against the tenant, possession of suit property had also been taken over by the landlord during pendency of the present appeal in the execution process, therefore, principle of past and closed transaction was applicable to the present case---Appeal of tenant was dismissed accordingly.