PUNJAB RENTED PREMISES ACT, 2009

QUESTION NOT ANSWERED ----

Ahmad and Bilal (resondents No.182) preferred an ejectment petition in terms of Section 15 of The
Punjab Rented Premises Act, 2009 of relevant laws seeking eviction. of the petitioner(Ali) from the
suit property on multiple grounds including expiry of tenancy agreement. Ali moved an application for
leave to contest wherein he asserted that he paid Rs.30,00,000/- to the original landlord/owner as a
"pagri" and no notice in terms of Section 30 of "The Act, 2009" has been issued to him by Ahmad and
Bilal. In light of the above-mentioned facts read with relevant provisions of law and judgments laid
down by superior courts, Can Ali claim the tenancy in perpetuity merely as a premium on account of
alleged payment of "pagri". (CJ-2020)
Citation required against whether amount of pagri adjustable with rent or not???

You
Mr. X being owner of properties Nos. 1 to 9, upon which various commercial shops/ plazas are
constructed to be known as Zoom Mart situated in District Khayber, appointed Mr. Y as his special
attorney vide duly registered Special Power of Attorney dated 12.03.2021 whereby he authorized,
and empowered the latter to let out the said shops/ plazas on rent, after obtaining fresh rent
agreements from the new or existing tenants over all the shops/ plazas. Mr. X also authorized Mr. Y,
if required, to institute suit for the ejectment as well as recovery of the rents etc. Mr. A and B hired
two (2) shops on rent from Mr. Y as landlord and have executed tenancy agreements both dated
12.05.2021 respectively. In this regard, Mr. Y moved an application to the Rent Registrar, Khayber for
registration/ incorporating the particulars of the tenancy agreements in the relevant register as
required under the statutory provisions of Punjab Rent Premises Act, 2009. Mr. Y also requested the
Rent Registrar, Khayber for the return of the original tenancy agreements, after affixing the official
seal on the tenancy agreements by retaining the copies of each thereof but the Rent tribunal/
Ex.Officio Rent Registrar, Khayber turned down the request and directed Mr. Y to produce any sort of
proof of ownership qua the property. Keeping in view the above, please opine whether the Rent
Tribunal established under the Rented Premises Act, 2009 has any jurisdiction to function as a Rent
Registrar and power to require the person to submit title document before registration of the rent
agreements?
ChatGPT
ChatGPT
The Rent Tribunal and the Rent Registrar have distinct roles and functions under the Punjab Rented
Premises Act, 2009. Let's analyze the jurisdiction and powers of the Rent Tribunal and the Rent
Registrar in the context of the scenario described:

1. Rent Tribunal's Jurisdiction:

 The Rent Tribunal is primarily responsible for adjudicating disputes between landlords and tenants. It
has the authority to hear cases related to eviction, fixation of fair rent, and other matters specified
under the Act.

2. Rent Registrar's Role:

 The Rent Registrar, on the other hand, is primarily tasked with the registration and recording of
tenancy agreements. The registration of tenancy agreements is a requirement under the Act, and it
facilitates the documentation of the terms and conditions of the tenancy.

3. Power to Require Proof of Ownership:

 The Rent Registrar does have the authority to verify ownership or title before registering tenancy
agreements. This is to ensure that the person presenting the agreement has the legal right to act as a
landlord or agent of the landlord.

4. Proof of Ownership:

 In the scenario described, Mr. Y, as the special attorney, is acting on behalf of Mr. X. To register
tenancy agreements, the Rent Registrar may request proof of ownership or authorization from Mr. X,
who is the actual owner of the properties.

5. Rent Tribunal vs. Rent Registrar:

 The Rent Tribunal and the Rent Registrar perform different functions. The Rent Tribunal is concerned
with dispute resolution, while the Rent Registrar focuses on the registration of tenancy agreements.
The Rent Tribunal does not typically deal with the registration process.

Conclusion:

The Rent Tribunal, established under the Punjab Rented Premises Act, 2009, is not the authority
responsible for the registration of tenancy agreements. The Rent Registrar, however, does have the
jurisdiction and power to require proof of ownership or authorization before registering tenancy
agreements. In this case, it is reasonable for the Rent Registrar to seek evidence of Mr. Y's authority
or proof of ownership from Mr. X before registering the tenancy agreements. Mr. Y may need to
produce the relevant documents, such as the Special Power of Attorney or other proofs of
authorization, to fulfill the registration requirements.

You
A has rented its building to B. B fails to pay the rent. A has invoked jurisdiction of the Rent Tribunal,
wherein application for leave to contest was filed by B. B alleges further transfer of property to C, C
institutes civil suit before the Civil Court and seeks decree of specific performance, based on alleged
agreement to sell with B. Whether suit for specific performance by C is maintainable or not before
the Civil court. Discuss the issue of maintainability of Civil Suit in the context of limitations if any
provided under the provisions of the Punjab Rented Premises Act 2009.
ChatGPT
ChatGPT
 In the context of the Punjab Rented Premises Act 2009, the issue of maintainability of a civil suit for
specific performance by C depends on the provisions of the Act and the specific circumstances of the
case. The Act primarily governs the relationship between landlords and tenants, and its provisions
may impact the ability to file a civil suit for specific performance. Here are key considerations:

1. Nature of the Dispute:

 The dispute between A and B regarding non-payment of rent is under the jurisdiction of the
Rent Tribunal as per the Punjab Rented Premises Act. If the dispute involves the transfer of
property to C and an alleged agreement to sell, it may fall within the purview of the Act.
2. Leave to Contest Application:
 Since B filed an application for leave to contest before the Rent Tribunal, the matter is
already under consideration by the specialized forum. The Rent Tribunal is designed to
resolve disputes related to rented premises, including issues of eviction and arrears.
3. Specific Performance:
 If C seeks specific performance based on an alleged agreement to sell with B, this may
involve issues beyond the scope of a typical landlord-tenant dispute covered by the Rent
Tribunal.
4. Maintainability under the Punjab Rented Premises Act 2009:
 The Punjab Rented Premises Act primarily deals with issues related to rented properties. It
may not be the appropriate forum to adjudicate on specific performance claims arising from
alleged agreements to sell.
5. Limitations under the Act:
 The Act may impose limitations on the jurisdiction of civil courts in matters covered by the
Act. It is essential to review the provisions of the Punjab Rented Premises Act to determine
whether specific performance claims fall within its ambit.
6. Exclusivity of Jurisdiction:
 Some rental legislation provides exclusive jurisdiction to specialized tribunals for matters
related to tenancy and rented premises. Civil courts may be barred from entertaining suits
that fall within the domain of such specialized forums.

Conclusion: Whether the civil suit for specific performance by C is maintainable depends on the
specific provisions of the Punjab Rented Premises Act 2009 and the nature of the dispute. If the Act
provides exclusive jurisdiction to the Rent Tribunal for disputes arising out of tenancy agreements,
the civil court may find the suit not maintainable in such matters. Legal advice should be sought to
interpret the Act accurately and determine the appropriate forum for resolution.