2024 PLD 608 LAHORE-HIGH-COURT-LAHORE

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WAHEED YOUNAS VS ADDITIONAL DISTRICT JUDGE, GUJRANWALA Ss. 2(a), 2(f) & 19---eviction of tenant---Rented premises claimed to be "any place of religious worship"---Scope---Rent Tribunal, jurisdiction of---Scope---Ejectment-petitioner (Masjid) sought eviction of the tenant from its (Masjid's) shops---Tenant filed present constitutional petition against eviction orders concurrently passed against him---Held, that petitioner, while relying upon Ss. 2(a) & 2(f) of the Punjab Rented Premises Act, 2009, contended that the Rent Tribunal did not have jurisdiction to adjudicate upon the matters pertaining to "any place of religious worship"---Punjab Rented Premises Act, 2009, provides that application in respect of rented premises shall be filed in the Rent Tribunal for the settlement of the disputes in an expeditious manner; the "premises" as mentioned in S. 2(f) of the Act 2009 includes "building", while defining the word "building" S. 2(a) of the Act, 2009, excludes room in a hotel, hostel, boarding house, guest house or any place of religious worship---However the words 'any place of religious worship' by no means can be stretched to a premises or building that is being used for a commercial purpose---Admittedly, the premises-in-question are shops, being used for commercial purpose---Said provisions of the Act, 2009 cumulatively reveal that any property, space or premises let out for the purpose of business or trade are not intended to be excluded from the definition of building or for that matter premises---Thus, the objection of the petitioner as to maintainability of the ejectment-petition, was rejected---No illegality, infirmity or mistake had been made by both the Courts below while passing eviction order---Constitutional petition, filed by tenants, was dismissed, in circumstances.