LEAVE TO CONTEST (SEC: 22)

A Rent Tribunal shall not allow a respondent to defend the application unless he obtains leave to contest.

1) APPLICATION FOR LEAVE TO CONTEST:
A respondent shall file an application for leave to contest within ten days of his first appearance in the Rent Tribunal.

2) FORM OF APPLICATION FOR LEAVE TO CONTEST:
An application for leave to contest shall be in the form of:
a) a written reply,
b) stating the grounds on which the leave is sought,
c) accompanied by an affidavit of the respondent,
d) copies of all relevant documents in his possession, and
e) if desired, affidavits of not more than two witnesses.

3) GRANT OF APPLICATION FOR LEAVE TO CONTEST:
The Rent Tribunal shall not allow leave to contest unless the application discloses sufficient grounds for the production of oral evidence.

4) TIME PERIOD TO DECIDE THE APPLICATION (LEAVE TO CONTEST):
The Rent Tribunal shall decide the application for leave to contest within a period of fifteen days from the date of its filing.

5) WHERE LEAVE IS REFUSED OR RESPONDENT FAILS TO FILE THE APPLICATION:
If leave to contest is refused, or if the respondent fails to file the application within the stipulated time, the Rent Tribunal shall pass the final order.

6) WHERE LEAVE TO CONTEST IS GRANTED (SEC: 23):
If leave to contest is granted, the Rent Tribunal shall treat the application as a written reply.

I. IN CASE OF EVICTION:

The Rent Tribunal, while granting leave to contest, shall direct the tenant to deposit the rent due within a specified time and to continue depositing the same in accordance with the tenancy agreement or as directed by the Rent Tribunal — either in the landlord’s bank account or with the Rent Tribunal — until the final order is passed.

II. IN CASE OF DEFAULT IN PAYMENT OF RENT / FAIR RENT:

The Rent Tribunal shall tentatively determine the dispute and pass an order for the deposit of rent as per sub-section (1).

III. IN CASE OF DEFAULT IN PAYMENT OF UTILITY BILLS:

The Rent Tribunal shall direct the tenant to pay the utility bill.

• If the tenant fails to comply with the Rent Tribunal’s direction or order, the Tribunal shall forthwith pass the final order.

RECORDING OF EVIDENCE (SEC: 25)

1. At the time of granting leave to contest, the Rent Tribunal shall direct the party to produce evidence on a date fixed.

2. The Rent Tribunal shall treat an affidavit filed by a party as evidence and:
   a) may, of its own motion, order the attendance of the deponent for cross-examination; and
   b) shall, if so requested by a party, direct production of the deponent for cross-examination.

3. The Rent Tribunal shall not grant more than two opportunities to a party for producing evidence.

4. The Rent Tribunal shall not grant an adjournment for cross-examination of a witness except for sufficient cause and on payment of costs to the witness, as it may deem fit.

5. After recording the evidence and hearing the arguments, the Rent Tribunal shall pass the final order.

POWERS OF RENT TRIBUNAL IN DECIDING APPLICATION (SEC: 26)

A Rent Tribunal may exercise the powers of a Civil Court to:
a) Enforce the attendance of a person,
b) Compel the production of evidence,
c) Inspect premises, or
d) Issue a commission for examination of a witness or for local inspection.
e) The Tribunal may also pass an interlocutory order at any stage of proceedings before the final order.

PERIOD FOR DISPOSAL OF APPLICATION (SEC: 27)

The Rent Tribunal shall pass a final order on an application as expeditiously as possible but not later than four months from the date of filing.

• If the final order is not passed within four months, the Rent Tribunal shall conduct proceedings on a day-to-day basis.

APPEAL (SEC: 28)

1. A person aggrieved by a final order may, within thirty days, file an appeal in writing to the District Judge.

2. No appeal shall lie against an interlocutory order passed by a Rent Tribunal.

3. The District Judge may dispose of the appeal or entrust it to an Additional District Judge.

4. The appeal may be dismissed without notice to the respondent after hearing the appellant.

5. The District Judge or Additional District Judge may suspend the operation of the final order if circumstances require.

6. They may also exercise any or all powers of the Rent Tribunal under this Act.

7. An appeal must be decided within two months from the date of filing.

8. No appeal shall lie against an order passed by a District Judge or Additional District Judge under this Act.

CONCLUSION

The Punjab Rented Premises Ordinance provides a comprehensive and structured mechanism for dealing with disputes between landlords and tenants. It sets forth clear grounds for eviction, establishes specific procedural requirements for filing and contesting applications, and provides strict timelines to ensure swift resolution of disputes. The Rent Tribunal is empowered with quasi-judicial authority, mirroring that of a civil court, to enforce its decisions effectively. Furthermore, the appellate process is streamlined to avoid prolonged litigation.

These legal provisions aim to balance the rights of both landlords and tenants, promote fair housing practices, and ensure that justice is delivered efficiently and transparently.