Lahore High Court issues landmark fair trial ruling in rent cases

The Lahore High Court has delivered a significant judgment on ex-parte proceedings in rent disputes, setting aside the Rent Tribunal’s ex-parte order against a petitioner and laying down important legal principles to safeguard the right to a fair hearing in tenancy cases.

Justice Justice Muzammil Akhtar Shabbir issued a detailed 14-page judgment, declaring that “delay in justice amounts to denial of justice, while undue haste in dispensing justice is equivalent to burying justice.” The ruling has been declared a judicial precedent for future rent litigation.

The High Court held that under the relevant tenancy laws, a Rent Tribunal is legally required to allow a period of 10 days before initiating ex-parte proceedings against the opposite party. During this period, the absent party retains the legal right to appear before the tribunal and seek restoration of its right to contest the proceedings.

The court further ruled that if ex-parte proceedings are initiated in violation of the prescribed legal procedure, such proceedings become unlawful, and any judgment passed on their basis is also liable to be declared void.

Justice Shabbir observed that Rent Tribunals must ensure proper service of notices on the opposite party before proceeding ex-parte. The judgment noted that the Rent Tribunal in the present case had failed to follow the statutory procedure governing ex-parte proceedings under the rent law.

The High Court also held that the tribunal’s decision dismissing the petitioner’s application for restoration of proceedings was contrary to law.

Consequently, the court set aside the judgments of both the Rent Tribunal and the appellate court. It ordered that the matter be treated as pending before the trial court and directed the trial court to decide the case strictly on its merits within four months.

The High Court further instructed that no applications seeking unnecessary adjournments by either party should be entertained, emphasising the need for the expeditious disposal of the tenancy dispute while ensuring compliance with due process and the principles of natural justice.