2017 CLCN 21 LAHORE-HIGH-COURT-LAHORE

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SHAUKAT ALI VS ADDITIONAL RENT CONTROLLER CANTONMENT BOARD, LAHORE 1998 MLD 1073, 1999 CLC 795, 1999 SCMR 832, 2001 MLD 1681, 2001 SCMR 2020, 2004 MLD 1993, 2004 SCMR 1453, 2006 SCMR 145, 2007 CLC 556, 2007 MLD 542, 2008 CLC 87, 2009 CLC 279, PLD 1967 SC 530, PLD 2007 SC 504, PLD 2011 Lah. 531, S. 17(8) & (9)---Application for ejectment of tenant---Default in payment of rent---Tentative rent order, non-compliance of---Striking off right of defence---Scope---Tenant was ordered to deposit arrears of rent and future rent until the decision of ejectment petition but he failed and his right of defence was struck off---Validity---If tenant had failed to deposit the rent, Rent Controller was left with no option but to strike off his/her defence and pass direction that landlord/landlady would be put in possession and that too without any further proceedings---Landlord would not have to file an execution petition in such situation for taking possession from the tenant---Rent Controller ordered the tenant to deposit future rent before the 5th of each month but the same was not complied with---No illegality had been committed while passing the impugned order by the Rent Controller---Defence of tenant was rightly struck off by the Rent Controller and his eviction order was passed in accordance with law---No infirmity or jurisdictional defect was pointed out in the impugned order---Rent Controller was not to be deflected by any other collateral proceedings and he was not supposed to look at the plaint in a suit instituted by the tenant---Rent Controller, in circumstances, was to confine himself to see as to whether his order with regard to tentative rent was carried out or not---Appeal being devoid of merits was dismissed, in circumstances.