2021 CLC 952 LAHORE-HIGH-COURT-LAHORE

Full text

NAVEED AKHTAR VS SPECIAL JUDGE (RENT), SIALKOT S.19---Ejectment of tenant--- Co-sharer, non-impleading of---Effect---eviction application filed by landlord/respondent against tenant/petitioner was allowed by Rent Tribunal---Lower Appellate Court maintained eviction order passed by Rent Tribunal---Tenant/petitioner assailed maintainability of eviction application on the plea that premises fell in the share of other co-owner---Validity---Unlike suit for possession where all co-owners were needed to be associated either as plaintiffs or defendants, it was not necessary to associate other co-sharers in eviction proceedings---One of the co-landlords by co-owners could seek eviction of tenant without impleading other co-owners or associating them in proceedings---Premises was not partitioned either under decree of Court or under any family settlement---Mere pendency of any civil litigation for partition of property could not be a reason to protect tenant from eviction due to default---Oral and documentary evidence on record proved that petitioner was tenant of respondent who executed rent agreement in his favour and admitted payment of rent to him---Landlord/respondent was legally eligible to seek eviction of tenant/petitioner---High Court declined to interfere in eviction orders passed by two Courts below as those did not suffer from any error of law or jurisdiction---Constitutional petition was dismissed, in circumstances.