MUHAMMAD SALEEM vs ADDITIONAL DISTRICT JUDGE, GUJRANWALA and others
This matter concerns a rent dispute where the petitioner challenged the recovery of arrears of rent. The core legal question addressed was the recoverability of time-barred rent and the appropriate forum for determining the final accounting and adjustment of advance payments. Upon the respondent-landlord's concession that the Rent Controller lacked jurisdiction to order the payment of time-barred rent for a sixteen-month period, the Supreme Court converted the petition into an appeal and allowed it. The Court held that the sixteen months of time-barred rent must be deducted from the total arrears determined by the Rent Controller. Furthermore, the Court established the principle that disputes regarding the precise calculation of rent arrears and the adjustment of advance payments are matters to be adjudicated by the Executing Court, rather than the Rent Controller or appellate forums. Consequently, the Court directed that these accounting issues be settled before the Executing Court, disposing of the petition accordingly.
- Does a Rent Controller have the jurisdiction to order the payment of time-barred rent?
- Which forum is appropriate for adjudicating disputes regarding the calculation of rent arrears and the adjustment of advance payments?
- Can time-barred rent be deducted from the total arrears of rent determined by a Rent Controller?
ORDER
MUHAMMAD SAIR ALI, J.---Learned counsel for the respondent appeared along with respondent No,3. On instructions of respondent No, 3 and in view of this Court's order dated 8-6-2011 that the said respondent landlord concedes that the learned Rent Controller had no jurisdiction to order payment of arrears of the time barred rent for the period of sixteen months wherefor the respondent-landlord has no objection to the deduction of the same form the total arrears of rent as determined by the learned Rent Controller and upheld by other learned Tribunals etc. On the question of further accounting as to the rent payable by the petitioner and adjustment of the advance etc, the learned Advocate Supreme Court for the parties agreed that they will raise this matter before the Executing Court which is the proper forum to adjudicate thereupon.
2. In view thereof, this petition is converted into appeal and allowed as under:--
(i) Sixteen months time barred rent ordered to be recovered from the petitioner shall be deducted from the total arrears of rent determined as due; and
(ii) the question of the amount of the arrears of rent due/or the adjustment of advance thereof shall be settled by the learned Executing Court.
3. Disposed of in terms noted above. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.