Lahore High Court Issues Detailed Ruling on Key Rent Act 2009 Point
Mian Nadeem | Published September 17, 2026 | 02:30 PM
The Lahore High Court, in a detailed ruling on a crucial legal point regarding the Rent Act 2009, has clarified that there is no provision for partial granting of an applicant's right to defend under the Act. The court stated that an application for leave to contest must be either fully accepted or rejected.
The judgment settles a legal dispute by resolving conflicting decisions from single benches. It clarifies that while the principles in the Muhammad Liaquat Ali case are correct, the interpretation in the Asad Ali Khan case is incorrect.
Key Findings:
- An applicant for leave to contest under the Act cannot have their request partially granted; it must be fully accepted or rejected.
- If leave to contest is denied, the Rent Tribunal is obligated to issue a final order.
- "Pagri" money (a type of compensation) cannot be deducted from or set off against outstanding rent arrears. Tenants still have the right to pursue separate legal action for recovery of pagri amounts.
- Failure to serve notice under Section 30 after a change in ownership does not invalidate an eviction petition.
- In the absence of a tenancy agreement, an oral agreement is considered monthly.
- To prevent unjustified delays, Rent Tribunals may refer to the principles of the Code of Civil Procedure when faced with technical procedural issues.
The Lahore High Court dismissed both parties' constitutional petitions, issuing the detailed judgment by a division bench comprising Justice Mirza Waqas Rauf and Justice Syed Ahsan Raza Kazmi.