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    Tuesday, 12 January 2016

    Rules of Appeal in Rent Cases

    1. Introduction
    In Punjab, relations between landlord and tenant is regulated by Punjab Rented Premises Act. This Act is about both commercial and residential properties. In this Act, provisions have been provided for ejectment of tenant from rented premises. Even this act has also provided rights to appeal as appeal can be filed against final order of rent tribunal in court of district judge. However, no right of appeal is available against order of district judge or additional district judge.

    2. Rules of Appeal in Rent Cases

    According to Punjab Rented premises Act, following are rules of appeal in rent cases;

    i. Appeal against final order of Rent tribunal
    Appeal can be filed against final order of rent tribunal.

    ii. Who can file appeal?
    Person who is aggrieved by final order of rent tribunal can file this appeal.

    iii. Limitation Period
    This appeal can be filed within thirty days from date of final order of rent tribunal.

    iv. Written Form
    This appeal should be in writing Form.

    v. Authority to who appeal can be Preferred?
    This appeal can be preferred to district judge of district.

    vi. No appeal against Interlocutory Order
    No appeal is allowed against that interlocutory order, which rent tribunal passes.

    vii. Which authority can hear and Dispose of Appeal?
    District judge can hear and dispose of this appeal or can entrust is for disposal to additional district judge of district or area.

    viii. Dismissal of Appeal without notice Respondent
    District judge or additional district judge can dismiss this appeal without notice to respondent. However, this appeal can be dismissed in this way only after providing an opportunity of hearing to appellant.

    ix. Suspension of Operation of Final Order
    Where circumstances require, district judge or additional district judge can suspend operation of final order of rent tribunal.

    x. Exercise of Power of Rent tribunal
    District judge or additional district judge can exercise any or all powers of rent tribunal under Punjab Rented Premises act.

    xi. Period for decision of Appeal
    District judge or additional district judge is to decide this appeal within period of two months from date of filing of this appeal.

    Conclusion

    To conclude, it can be stated that Punjab Rented Premises Act has provided no appeal against that order, which district judge or additional district judge passes under this act. However, write petition can be filed against this order in High Court.
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    Item Reviewed: Rules of Appeal in Rent Cases Rating: 5 Reviewed By: Usman Ali
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