Citation Name: 2023 PLD 47 LAHORE-HIGH-COURT-LAHOREBookmark this Case HABIB BANK LIMITED vs AYUB-UL-HASSAN KHOKHAR S — 2023 PLD 47 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2023 PLD 47 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2023
Reporter: PLD
Parties: Citation Name: 2023 PLD 47 LAHORE-HIGH-COURT-LAHOREBookmark this Case HABIB BANK LIMITED vs AYUB-UL-HASSAN KHOKHAR S
Subject matter: Constitutional
Provisions referred to: S. 24---E; S. 24; S. 8; Punjab Rented Premises Act; Sindh Rented Premises Ordinance (XVII of 1979); Sindh Rented Premises Ordinance

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

Citation Name: 2023 PLD 47 LAHORE-HIGH-COURT-LAHOREBookmark this Case HABIB BANK LIMITED VS AYUB-UL-HASSAN KHOKHAR S. 24---Eviction of tenant---Default in payment of tentative rent fixed by Rent Tribunal ---Petitioner/tenant committed default in payment of tentative rent fixed by Rent Tribunal and eviction order was passed against it---Validity---Rate of rent was not denied by petitioner/tenant---Rent Tribunal rightly directed petitioner/tenant to deposit monthly rent on tentative basis in Court till 10th of each month by subjecting the said payment to adjustment at final stage in the rent dues payable towards it---Behavior of petitioner/tenant was irresponsible with regard to payment of tentative rent as directed by Rent Tribunal in its order---High Court declined to interfere in final ejectment order passed in terms of S.24 of Punjab Rented Premises Act, 2009, as it was justified---No illegality or perversity was found in ejectment order passed against petitioner/tenant---Constitutional petition was dismissed in circumstances. Citation Name: 2023 PLD 47 LAHORE-HIGH-COURT-LAHOREBookmark this Case HABIB BANK LIMITED VS AYUB-UL-HASSAN KHOKHAR S. 24(1) & (2)---Sindh Rented Premises Ordinance (XVII of 1979), Ss. 8(1) & (2)---Rate of rent, determination of---Principle---Rent Controller under S. 8(1) & (2) of Sindh Rented Premises Ordinance, 1979, exercises his discretion in order to determine fair rent, which is premised on the factors which include rent of similar premises situated in similar circumstances in same or adjoining locality, rise in cost of construction and repair charges, annual value of premises etc.---Such factors can well be read so as to tentatively determine rate of rent or amount of rent as envisaged under Punjab Rented Premises Act, 2009.

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