RAHIM ULLAH vs Mst — 2024 CLC 1966 PESHAWAR-HIGH-COURT

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RAHIM ULLAH VS Mst. YASMEEN BIBI S.13(6)---Ejectment order---Subletting---Default in payment of rent----Non-compliance of order of Rent Tribunal for deposit of monthly rent---Contention of the tenants was that since they had transferred the possession to sub-tenants, therefore, they were liable to pay rent and likewise the plea of sub-tenants were that since they were not direct tenants of landladies, thus, they were also not liable to pay rent---Validity---Failure in payment of the monthly rent even for a single day if not explained with plausible justification amounts to deliberate default in payment of the rent and in such an eventuality, the tenant could not be allowed to remain in possession of the rented premises rather he shall be directed to hand over the vacant possession along with outstanding dues to landlord---First subletees were not direct tenants of the landladies but it was an admitted position that they had entered into rented premises without the consent and permission of the landladies and it was also admitted fact that they had transferred the possession to second subletees and that too without any permission by the landladies, thus, in such circumstances both the subletees could not resist the ejectment of the creation of their tenancy with the tenants, who were the direct tenants of the landladies---Thus, the plea of the first subletees was misconceived and it was their joint liability---Outstanding rent may be paid/deposited by anyone of them in favour of the landladies---Landladies were entitled for receipt of the entire outstanding rent w.e.f. institution of the ejectment application till handing over the vacant possession of the premises to them---Constitutional petition was dismissed accordingly.

RAHIM ULLAH vs Mst — 2024 CLC 1966 PESHAWAR-HIGH-COURT

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