2010 PLD 281 LAHORE-HIGH-COURT-LAHORE

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MUHAMMAD USMAN VS ADDITIONAL DISTRICT JCDGE, LAHORE 2006 SCMR 1751, Constitution of Pakistan 1973--199 , Constitutional petition--TERM , Punjab Rented Premises Ordinance 2007--19 , Punjab Rented Premises Ordinance 2007--2 , Punjab Rented Premises Ordinance 2007--5 , Punjab Rented Premises Ordinance 2007--8 , Punjab Rented Premises Ordinance 2007--9 , Punjab Rented Premises Ordinance 2007--PREAMBLE , Preamble, Ss. 2(m), 5, 8, 9(b) & 19---Constitution of Pakistan (1973), Art.199---Constitutional petition---eviction application on basis of tenancy agreement dated 30-4-2007 without registering same in office of Rent Registrar---Imposition of penalty on landlord as provided under S.9(b) of Punjab Rented Premises Ordinance, 2007---Scope and application of Ss.5, 8 and 9 of Punjab Rented Premises Ordinance, 2007---Plea of landlord that Punjab Rented Premises Ordinance, 2007 was promulgated on 16-11-2007, thus, such tenancy being existing was protected under S.8 thereof allowing a grace period of two years for bringing same in conformity with provisions thereof---Validity---Object of Punjab Rented Premises Ordinance, 2007 as underlined in its preamble was to regulate relationship of landlord and tenant and provide an expeditious mechanism for settlement of their disputes--Purpose of S.5 of the Ordinance was to minimize unnecessary rent related litigation and provide enforcement of tenancy agreements Reduction in unnecessary rental litigation and raising confidence of public in enforcement of rental agreement would boost rental market and encourage more real estate to enter in rental sector thereby reducing shortage of houses and providing an impetus to economy--Punjab Rented Premises Ordinance, 2007 being a beneficial legislation would be construed liberally in order to bring out real intent of legislature and ensure enforcement of its multiple benefits---Written tenancy agreement registered under S.5 of the Ordinance would act as proof of relationship of landlord and tenant---Phrase "as soon as possible " used in S. 8 of the Ordinance would reflect legislative urgency of bringing tenancy in conformity with provisions thereof as soon as possible despite providing at same time a grace period of two years---Invocation of S.9 of the Ordinance without registration of existing tenancy agreement with Rent Registrar would render landlord or tenant liable to pay fine provided therein and he could not stand behind grace period of two years provided in S.8 thereof---High Court upheld impugned order of penalty---Principles.