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Initializing Secure Chambers
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Initializing Secure Chambers
Petitioner: MUHAMMAD ARSHAD VS Respondent: A.D.J., etc.
Court Name: Lahore High Court Judge(s): Muhammad Farrukh Irfan Khan Title: MUHAMMAD ARSHAD vs A.D.J., etc. Case No.: W.P.No. 6338 of 2015 &C.Ms. No. 1, 2 of 2015 Date of Judgment:2015-03-06 Reported As: PLJ 2016 Lahore 463 Result: Petition allowed
Judgment ORDER ' Learned counsel submits that the impugned order and judgment dated 23.05.2014 and 17.12.2014, passed by learned Special Judge (Rent) and learned Additional District Judge, Lahore respectively, are illegal as the petitioner in his application for leave to contest denied the relationship of landlord and tenant, which requires framing of issue and recordal of evidence but both the learned Courts below have evicted him from the disputed premises refusing his application for leave to contest. Further submits that it has been held by the august Supreme Court of Pakistan that where the tenancy is loral one, the learned Rent Tribunal will first. Direct the landlord to deposit a fine equivalent of the annual value of the rent of the premises in terms of Section 9(b) of the Punjab Rented Premises Act, 2009 and then assume jurisdiction in the mat ter. 2. Points raised need consideration. Admit. Notice to Respondents No. 3-A to 3-D for 26.03.2015. C.M.No. 1/2015 3. Notice for 26.03.2015. Meanwhile, operation of the impugned order and judgment dated 23.05.2014 and 17.12.2014 is suspended till the next date. C.M. No.2/2015 4. Dispensation sought for is allowed subject to all just and legal exceptions. CM. Stands disposed of.
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