2019 CLCN 44 ISLAMABAD

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AHMAD NADEEM ABBASI VS Chaudhry MUHAMMAD ISHAQ S. 17(2)(9)---Ejectment petition by the co-owner---Maintainability---Tentative rent---Non-payment of---Effect---Rent Controller passed order for deposit of tentative and future rent---Tenant did not deposit tentative rent and eviction petition was accepted---Contention of tenant was that ejectment petition had been signed by only one (eviction) petitioner---Validity---Whenever landlord was reluctant or had refused to accept rent from a tenant then tenant should lose no time in making an application to the Rent Controller for deposit of rent in order to protect himself from being termed as a 'rent defaulter'---Tenant, in the present case, did not make such an application---Tenant had committed default in payment of rent, in circumstances---Co-sharer of the property could move ejectment petition without impleading the other owners---No jurisdictional infirmity or error had been pointed out in the findings recorded by the Courts below---Constitutional petition was dismissed, in circumstances. [Paras. 40, 45 & 53 of the judgment]