2011 PLD 42 LAHORE-HIGH-COURT-LAHORE

Full text

IJAZ AHMAD VS SURIYA AKHTAR 2003 SCMR 29, 2007 YLR 2083, Constitution of Pakistan 1973--199 , Constitutional petition--TERM , Ejectment of Tenant--TERM , Punjab Rented Premises Ordinance 2007--15 , Punjab Rented Premises Ordinance 2007--19 , Punjab Rented Premises Ordinance 2007--21 , Punjab Rented Premises Ordinance 2007--22 , Ss. 15, 19(4), 21 (1) & 22---Constitution of Pakistan, Art.199---Constitutional petition---Ejectment of tenant---Mandatory procedure non-compliance of---Landlords sought ejectment of tenant on the grounds of personal need and expiry of lease period---Rent Tribunal neither issued notices under S.21(1) of Punjab Rented Premises Ordinance, 2007, nor tenant was directed to submit leave to contest---Rent Tribunal passed eviction order against tenant and the same was maintained by Lower Appellate Court---Plea raised by tenant was that proper procedure was not adopted by Rent Tribunal and ground relied upon for eviction was alien to law---Validity---Landlords neither filed eviction petition against tenant on the grounds available in S.15 of Punjab Rented Premises Ordinance, 2007, nor attached affidavits of witnesses along with eviction petition, as envisaged in S.19(4) of Punjab Rented Premises Ordinance, 2007---Rent Tribunal, in circumstances, did not conduct proceedings as envisaged in Ss. 21 and 22 of Punjab Rented Premises Ordinance, 2007---Eviction orders were passed in complete derogation of the explicit provisions of Punjab Rented Premises Ordinance, 2007 and the same were declared to be illegal and were set aside---Petition was allowed accordingly.