-Rent Tribunal refusing leave to contest filed by tenants but fixing ejectment petitions for production of supporting evidence of the landlord and awarding the tenants a right to cross-examine the landlord and his witnesses--

2021 S C M R 1430

[Supreme Court of Pakistan]

(a) Punjab Rented Premises Act (VII of 2009)---

----S. 22(6)---Leave to contest, refusal of---Rent Tribunal refusing leave to contest filed by tenants but fixing ejectment petitions for production of supporting evidence of the landlord and awarding the tenants a right to cross-examine the landlord and his witnesses---Legality---Provision of S. 22(6) of the Punjab Rented Premises Act, 2009 ('the Act') specifically provide that in case where the leave to contest was refused or the tenant had failed to file application for leave to contest within the stipulated time, the Rent Tribunal shall pass the final order---Section 22(6) of the Act being a mandatory provision with the consequences spelled out left no option for the Rent Controller but to pass final order---Order passed by Rent Tribunal was against the mandate of S. 22(6) of the Act---Petitions for leave to appeal were converted into appeals and allowed and Rent Tribunal was directed to decide the ejectment petitions through a final order in terms of the provisions of S. 22(6) of the Act.

(b) Constitution of Pakistan---

----Art. 199---Constitutional jurisdiction of the High Court---Scope---Interim order---In cases where a statute specifically barred the remedy of appeal against an interim order then such statutory command ordinarily should not be circumvented by allowing parties to invoke writ jurisdiction.