NASIR ISHAQ MALIK vs CH — 2026 YLR 928 LAHORE-HIGH-COURT-LAHORE

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NASIR ISHAQ MALIK VS CH. HASAN NAWAZ Ss. 17(9) & 24---Ejectment application---Rent Controller's order for deposit of arrear of rent and future rent, non-compliance with---Effect---Eviction of tenant ordered---For eviction of appellant (tenant) on the grounds of default in payment of rent and expiry of lease a petition under S.17 of the Act, 1963, was moved by the respondent (landlord) claiming that appellant was a tenant in the rented premises who had committed default in payment of rent---After filing of reply to the application the Rent Controller vide order dated 02.11.2023 directed deposit of arrears of rent as well as future monthly rent pending decision of the ejectment petition---Later, on 29.11.2023, the respondent filed an application under subsection (9) of S.17 of the Act asserting that the order for deposit of rent was not complied with and that in view of willful default the appellant was liable to forthwith eviction from the rented premises---Despite opportunities the appellant did not file his reply which right was closed and after hearing both sides the Rent Controller vide impugned order dated 07.12.2023, struck off appellant's right of defence and he was directed to vacate the premises and also pay the arrears of rent at the rate of Rs. 93,885/- per month with 10% annual increase---Validity---Perusal of record revealed that there was no compliance of order dated 02.11.2023 in respect of month of June, 2023, and non-deposit of rent for December 2023 therefore, the Rent Controller had no other option except to direct straightaway ejectment of the applicant in terms of S.17(9) of the Act---According to subsection (9) of S.17 of the Act, if the tenant fails to deposit the amount of rent before specified date or as the case may be before 5th of the month, his defence shall be struck off---On bare perusal of said provisions, it is manifested that the said provisions are mandatory in nature and even one day's delay in making the deposit would be default within its meaning and Rent Controller has no power to extend time and condone the same---In the instant case, there was no explanation for late deposit of rent for the month of June, 2023 or non-deposit of rent for the month of December, 2023---So much so, no reply to the application for striking off defence was filed by the applicant to explain the late deposit of rent for the month of December 2023---Thus, the order of Rent Controller was fair and just---Appeal being devoid of any merit was dismissed, in circumstances.

NASIR ISHAQ MALIK vs CH — 2026 YLR 928 LAHORE-HIGH-COURT-LAHORE

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