2013 MLD 371 LAHORE-HIGH-COURT-LAHORE

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Ch. MUHAMMAD ASLAM VS CIVIL JUDGE/RENT TRIBUNAL, RAJANPUR 2007 CLC 1106, 2007 CLC 1151, 2009 YLR 136, Connotation--Term , Constitutional petition--TERM , Maintainability--TERM , Punjab Rented Premises Act 2009--2 , Punjab Rented Premises Act 2009--24 , Punjab Rented Premises Act 2009--28 , West Pakistan Urban Rent Restriction Ordinance 1959--15 , Ss. 2(b), 28 & 24---West Pakistan Urban Rent Restriction Ordinance (VI of 1959), S.15---Constitution of Pakistan, Art. 199---Constitutional petition---"Final order"---Connotation---Scope---Appeal against order of Rent Tribunal directing tenant to deposit arrears of rent with court under S.24 of the Punjab Rented Premises Act, 2009---Maintainability---Landlord (petitioner) impugned order whereby landlord's appeal against order of Rent Tribunal directing tenant to pay arrears of rent in court, was dismissed on the ground that same was against an interim order and was not maintainable---Validity---Prima facie, interim order to pay rent may not be the final order as S. 24 of the Punjab Rented Premises Act, 2009 provided that tenant shall keep on paying the rent till final order which may be one culminating in eviction or in dismissal of ejectment petition---Section 24 of the Act had to be read along with S. 2(b) of the Punjab Rented Premises Act, 2009; and both sections should be read in juxtaposition and contradistinction to provisions of S.15 of West Pakistan Urban Rent Restriction Ordinance, 1959; provisions of which segregate an appealable order from all other orders by qualifying the former as the one finally disposing of an application under the West Pakistan Urban Rent Restriction Ordinance, 1959---"Final order" under S.2(b) of Punjab Rented Premises Act, 2009 included an order for arrears or rent---Impugned order of Rent Tribunal directing tenant to pay arrears of rent was "final order" under S. 2(b) of the Punjab Rented Premises Act, 2009 and was therefore, appealable under S. 28 of the Punjab Rented Premises Act, 2009---Impugned orders were set aside---Constitutional petition was allowed, accordingly.