Citation Name: 2024 YLR 1981 LAHORE-HIGH-COURT-LAHOREBookmark this Case Sohail Niaz Khan vs Bilal Rizwan Ss

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Citation Name: 2024 YLR 1981 LAHORE-HIGH-COURT-LAHOREBookmark this Case Sohail Niaz Khan VS Bilal Rizwan Ss. 19 & 22---Eviction petition---Relationship of landlord and tenant, denial of---Legal heirs of original landlord/land-owner, entitlement of---Scope---Oral tenancy---Scope---Failure to deposit rent---Effect---Eviction orders were concurrently passed against the petitioner / tenant---Plea of the petitioner /tenant was that he was paying rent to the mother of the respondent (ejectment petitioner ) after the demise of respondent's father, the original landlord---Validity---Demand of the rent by the respondent (ejectment petitioner/landowner) was not neutralized by conflicting demand by any other legal heir including the mother of the respondent---Petitioner was under obligation to make payment of rent to the respondent, keeping in view the settled principle of law that once a tenant is always a tenant---Admittedly, the petitioner was not holding the rented premises for any fixed period---Oral tenancy is a tenancy on month to month basis and the petitioner was obligated to vacate the rented premises upon intimation of the landlord---No other person on behalf of father of the respondent had come forward to lay any claim, although the sale deeds, pertaining to the rented premises, in favour of the respondent depicting him exclusive owner thereof were also not disputed ,therefore, denial of the tenancy relationship by the petitioner with the respondent was contumacious---Petition for leave to contest, moved by the petitioner / tenant, was rightly dismissed and ejectment order had been correctly passed by both the Courts below---No gross illegality, misappreciation of record or procedural improprietycould be pointed out by the petitioner in the impugned eviction orders having been concurrently passed by the both the Courts below---Constitutional petition filed by the tenant was dismissed, in circumstances. Citation Name: 2024 YLR 1981 LAHORE-HIGH-COURT-LAHOREBookmark this Case Sohail Niaz Khan VS Bilal Rizwan Ss. 19 & 22---Eviction petition---Relationship of landlord and tenant, denial of---Failure to deposit rent---Effect---Eviction orders were concurrently passed against the petitioner / tenant---Validity---Plea of the petitioner /tenant was that he was paying rent to the mother of the respondent (ejectment petitioner) after the demise of respondent's father, the original landlord---Validity---Record revealed that the petitioner had categorically admitted / acknowledged himself having been inducted and given possession of the rented premises as tenant albeit by father of the respondent through an oral tenancy---However, the pleadings ,submitted by the petitioner , showed no explanation as to what he did after demand of the respondent that the rent should be paid directly to him instead of his mother---No receipts had been referred by him (petitioner) to show that he had been continuously paying the rent to the mother of the respondent after the demise of the father of the respondent---Even otherwise, after the demise of the respondent's father the rented premises had devolved upon the respondent being the legal heir, which status of the respondent was neither denied nor disputed by the petitioner---Moreover, the petitioner, as a measure of showing his bona fide, neither approached the Rent Tribunal for deposit of rent to be paid to the lawful landlord/landowner nor any interpleader suit was filed, rather the petitioner had failed to deposit the rent even on the direction of the High Court (in instantproceedings); which indicated the dereliction, with audacity, on part of the petitioner that could not be countenanced---No gross illegality, misappreciation of record or procedural improprietycould be pointed out by the petitioner in the impugned eviction orders having been concurrently passed by the both the Courts below---Constitutional petition filed by the tenant was dismissed , in circumstances. Citation Name: 2024 YLR 1981 LAHORE-HIGH-COURT-LAHOREBookmark this Case Sohail Niaz Khan VS Bilal Rizwan Ss. 19 & 22---Eviction petition---Relationship of landlord and tenant, denial of---Failure to deposit rent as directed by High Court---Effect---Petitioner/tenant was directed to deposit rent before the High Courtby the 5th day of relevant month, when he approached it (High Court) against eviction ordershaving concurrently been passed against him---Petitioner / tenant did not comply with said rent-depositing order of the High Court---Argument of the petitioner / tenant was that since the relationship of landlord and tenant was denied, neither the Tribunal nor theHigh Court could have directed him to deposit the rent, hence, he could not be non-suited on said ground---Held, that the argument of the petitioner / tenant was misconceived as the order passed in the present proceedings , directing the petitioner to deposit the rent, was neither objected to nor assailed by him before the higher forum, rather he benefitted from the said order, partially, to the extent of retention and protection of possession of the rented premises and in addition, he himself filed application for extension of time for deposit of rent on the ground that due to Eid Holidays, rent could not be deposited, which was dismissed for the reason that Eid-ul-Fitr would be beyond the target date (5th date of relevant month)---Petitioner should have deposited the rent in compliance of the said order from which he could not take such, remarkable volte face---No gross illegality, misappreciation of record or procedural improprietycould be pointed out by the petitioner in the impugned eviction orders having been concurrently passed by the both the Courts below---Constitutional petition filed by the tenant was dismissed , in circumstances.

Citation Name: 2024 YLR 1981 LAHORE-HIGH-COURT-LAHOREBookmark this Case Sohail Niaz Khan vs Bilal Rizwan Ss — 2024 YLR 1981 LAHORE-HIGH-COURT-LAHORE

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