MUHAMMAD LIAQAT ALI vs MAJID ALI Ss — 2022 MLD 1720 LAHORE-HIGH-COURT-LAHORE

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MUHAMMAD LIAQAT ALI VS MAJID ALI Ss.2(b) & 22---Ejectment---Default in payment of rent and utility bills, misuse of property, violation of the terms/conditions of tenancy agreement and expiry of tenancy---Application for leave to contest was rejected and ejectment was ordered subject to return of security amount---Separate order regarding recovery of arrears of rent/utility bills issued on the same date---Petitioner/landlord contended that Rent Tribunal had no occasion to have framed issues when the eviction of the respondent was ordered; that Rent Tribunal had to straightaway order for the recovery of arrears of rent and outstanding bills; and that the Tribunal's order for ejectment subject to return of security amount was illegal---Validity---Respondent/tenant, upon service of notice, had to file application seeking leave to contest within stipulated time---Respondent could defend the application only if the leave to contest was granted---If the Tribunal accepted the application for leave to contest, the same would be treated as written reply; and in case such application was refused, the Tribunal was bound to pass a final order---Ejectment was ordered on ground of expiry of period of tenancy and not on the ground of default---Tribunal having refused the respondent's application for leave to contest and passed a final order of ejectment on the ground of expiry of tenancy (and not as default), it had no jurisdiction, especially through an interim order to frame issues or to further adjudicate upon the matter, especially so when there was no rebuttal to the contents of the ejectment petition---Constitutional petition was partially allowed setting aside the interim order of the Tribunal qua framing of issues.

MUHAMMAD LIAQAT ALI vs MAJID ALI Ss — 2022 MLD 1720 LAHORE-HIGH-COURT-LAHORE

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