ASIF ZAHOOR vs MUHAMMAD HANIF Ss — 2025 CLC 1268 LAHORE-HIGH-COURT-LAHORE

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ASIF ZAHOOR VS MUHAMMAD HANIF Ss. 2(j), 17, 17(8), 17(9) & 24---Eviction of tenant---Non-compliance with tentative rent order passed by Rent Controller, consequences of---Scope---Failure to deposit rent, as ordered under S. 17(8) of the Cantonments Rent Restriction Act, 1963 (Act, 1963), leads to striking off defence and eviction without further proceedings as provided under S. 17(9) of the Act, 1963---Compliance with tentative rent order is mandatory to sustain defence---Eviction order issued for failure to comply with tentative order---Held: Section 17 of the Act, 1963 outlined the grounds for eviction of a tenant ---Subsection (8) of S. 17 ordains that on the first hearing of proceedings under this section or as soon thereafter as may be but before the issues are framed, the Controller shall direct the tenant to deposit in his office before a specified date all the rent due from him, and also to deposit regularly till the final decision of the case, before the 5th day of each month, the monthly rent which subsequently becomes due, and if there be any dispute as to the amount of rent due, the Controller shall determine such amount approximately---Whereas subsection (9) of S. 17 of the Act, 1963 provides the consequences of non-compliance of tentative rent order passed in terms of Subsection (8)---The Additional Rent Controller was fully justified to pass the tentative rent order, which admittedly was not complied with by the appellant (tenant)---As per S. 17(9) of the Act, 1963 if the tenant fails to deposit the amount of rent before the specified date or, as the case may be, before the 5th day of the month, his application, if he is a petitioner, shall be dismissed, or his defence, if he is a respondent, shall be struck off, and the landlord shall be put in possession of the building without any further proceedings---Once, the appellant failed to comply with the tentative rent order, no option was left with the Additional Rent Controller, except to strike off his defence and to pass the eviction order, which was unexceptionable in the circumstances---The appellant had failed to point out any material irregularity justifying interference with the impugned order---The appeal was dismissed, in circumstances.

ASIF ZAHOOR vs MUHAMMAD HANIF Ss — 2025 CLC 1268 LAHORE-HIGH-COURT-LAHORE

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