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The Rent Tribunal has Jurisdiction to pass Ejectment Order in respect of Commercial Properties attached with the Places of Religious Worship --- Lahore High Court

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The Rent Tribunal has Jurisdiction to pass Ejectment Order in respect of Commercial Properties attached with the Places of Religious Worship --- Lahore High Court

Islamabad 05-08-2024: In a significant ruling, the Lahore High Court dismissed a writ petition, upholding the decisions of the Special Judge Rent, Gujranwala, and the Additional District Judge, Gujranwala. The case, centered on a disputed tenancy involving Jamia Masjid Insar-ul-Islam, sheds light on critical aspects of rental and property law in Pakistan.

The petitioner challenged the final order dated April 11, 2022, by the Special Judge Rent, Gujranwala, and the judgment dated July 4, 2022, by the Additional District Judge, Gujranwala, under Article 199 of the Constitution of Pakistan. The case involved an ejectment petition filed by Jamia Masjid Insar-ul-Islam regarding two shops rented by the petitioner, on grounds of rent default.

Counsel for the petitioner argued that the property in question belonged to the Evacuee Trust Property Board and therefore fell under the jurisdiction of the Evacuee Trust Properties (Management and Disposal) Act, 1975. It was contended that the Rent Tribunal had no jurisdiction under Section 19 of the Punjab Rented Premises Act, 2009, particularly since the property was argued to be a place of religious worship.

The Court examined the tenancy agreement dated May 3, 1981, and the related evidence, noting that the petitioner’s predecessor was the original tenant under this agreement. The Court found that the petitioner had adopted contradictory stances in different legal proceedings, a practice barred by the principle of approbate and reprobate.

Addressing the jurisdiction issue, the Court clarified that the exclusion of places of religious worship under Sections 2(a) and 2(f) of the Punjab Rented Premises Act, 2009, did not apply to commercial properties such as the shops in question. The Rent Tribunal’s mandate to resolve tenancy disputes was affirmed, with the Court emphasizing that it does not have the authority to determine ownership disputes, which are the purview of other forums.

The Court noted the ongoing proceedings before the Evacuee Trust Property Board regarding the ownership of the property. It was highlighted that the Rent Tribunal’s proceedings were not impeded by these pending proceedings, as no formal declaration had been made by the Board.

The Court dismissed the writ petition, allowing the petitioner to retain possession of the premises for an additional four months, subject to the payment of the determined rent. This decision underscores the Court's stance on maintaining the integrity of tenancy agreements and the jurisdictional boundaries of Rent Tribunals in Pakistan.

This ruling is expected to have significant implications for similar tenancy and property disputes, reaffirming the jurisdictional clarity and reinforcing the principle that rent defaults will be stringently addressed by the Courts.