IN THE COURT OF THE RENT CONTROLLER, LAHORE

In Re:
[NAME REDACTED]
Versus
[NAME REDACTED] & OTHERS

Ejectment Petition under Section 15 of the Punjab Rented Premises Act, 2009

LEAVE TO CONTEST UNDER SECTION 22 OF THE PUNJAB RENTED PREMISES ACT, 2009 ON BEHALF OF RESPONDENT NO.2

RESPECTFULLY SHEWETH:

PRELIMINARY OBJECTIONS

I. That the titled petition is not maintainable in law as it does not fulfill the mandatory requirements of the Punjab Rented Premises Act, 2009 and is thus liable to be dismissed forthwith.
II. That the petitioner has approached this Honourable Court with unclean hands and mala fide intent, concealing material facts and misrepresenting the situation.
III. That respondent no.2 has paid the rent regularly and is not a willful defaulter. The proceedings have been initiated only to coerce respondent no.2 into yielding to unlawful demands.
IV. That an oral tenancy agreement exists between the petitioner and respondent no.2 since [REDACTED], and one year remains before its expiry.
V. That the petitioner has no cause of action and is using litigation to harass respondent no.2.
VI. That no notice of default was ever served upon respondent no.2 prior to filing the petition, violating statutory requirements.

Hence, on each preliminary objection, the petition is liable to be dismissed.

BRIEF FACTS

1. That an oral lease agreement was entered on [REDACTED], whereby the petitioner leased the basement of the subject premises to respondent no.2 for operating a fitness club styled “[REDACTED]”, for a term of three years at a rent of Rs. 35,000 per month, with a 10% annual increment and three months’ advance security.

2. That respondent no.2 repeatedly requested the petitioner to formalize the oral lease into a written agreement as per rent laws, but the petitioner declined and arbitrarily increased the rent from [REDACTED] onwards.

3. That further unjustified demands for increased rent were made, and in absence of a written agreement, respondent no.2 had no option but to comply under protest.

4. That on refusal to accede to a demand for a 40% rent increase on [REDACTED], the petitioner began harassing the respondent and filed the present false petition.

5. That rent for September [REDACTED] was paid in presence of a witness but no receipt was issued.

6. That rent for October, November, and December [REDACTED] was paid through pay orders, duly received. (Annexure "B")

SUBSTANTIAL QUESTIONS OF LAW AND FACT

1. Whether the petition is misconceived in law and fact and thus liable to be dismissed?

2. Whether failure to comply with Section 5 of the Act renders the petition non-maintainable and deprives this Court of jurisdiction?

3. Whether petitioner concealed material facts and misled the Court?

4. Whether the petition is liable to be dismissed for concealment of material facts?

5. Whether lack of cause of action warrants rejection under Order VII Rule 11 CPC?

6. Whether the petitioner is estopped from alleging default after having accepted rent?

7. Whether the petition is false, frivolous, and vexatious?

8. Whether default has occurred at all?

9. Whether notice of default was ever served before filing the petition?

10. Whether the absence of a written lease agreement defeats the petitioner’s claim?

REPLY ON MERITS

1. Para 1 – relates to record; no reply required.

2. Para 2 – relates to record; no reply required.

3. Para 3 – denied; manipulated and incorrect. The petition is filed to pressurize the respondent.

4. Para 4 – denied; no sub-tenancy exists. Rent was paid directly by respondent no.2.

5. Para 5 – denied; no damage was ever caused to the premises.

6. Para 6(a) – denied; no default occurred. Rent has been regularly paid.

7. Para 6(b)–(e) – denied; the Court lacks jurisdiction; petition is baseless.

8. Para 6(f) – denied; insufficient court fee has been affixed.

PRAYER

It is most respectfully prayed that the titled petition be dismissed with costs for being false, frivolous, and vexatious, and that respondent no.2 may be granted unconditional leave to contest and permitted to lead evidence in support of his defence.

Any other relief deemed just and appropriate may also be granted.

Respondent No.2
Through Counsel
[REDACTED – Advocate Name]

VERIFICATION

Verified on oath at Lahore this ___ day of ________, 20 that the contents of paragraphs 1 to 5 are true and correct to the best of my knowledge, and those of paragraphs 6 to 8, including the preliminary objections and brief facts, are true and correct to the best of my information and belief.

Respondent No.2

IN THE COURT OF THE RENT CONTROLLER, LAHORE
In Re:
[LANDLORD]
Versus
[TENANT(S)]

Ejectment Petition under Section 15 of the Punjab Rented Premises Act, 2009

LEAVE TO CONTEST UNDER SECTION 22 OF THE PUNJAB RENTED PREMISES ACT, 2009 ON BEHALF OF RESPONDENT NO.2

AFFIDAVIT

AFFIDAVIT OF MR. [REDACTED] S/O [REDACTED] R/O [REDACTED], LAHORE.

I, the above-named deponent, do hereby solemnly affirm and declare that the contents of the accompanying application for leave to contest under Section 22 of the Punjab Rented Premises Act, 2009 are true and correct to the best of my knowledge and belief.

                      Deponent

VERIFICATION

Verified on oath at Lahore on this ___ day of _________, 20, that the contents of this affidavit are true and correct to the best of my knowledge and belief.

                      Deponent