2017 MLD 1643 ISLAMABAD

Full text

Dr. MUHAMMAD SAEED VS Sardar MUHAMMAD AKRAM Ss. 17 & 21(6)---Ejectment of tenant---Tentative rent order---Striking off defence---Denial of relationship of landlord and tenant by the tenant---Approbation and reprobation, doctrine of---Applicability---Tenant failed to deposit tentative rent and his defence was struck off and eviction petition was allowed---Appellate Court passed order for deposit of tentative rent which was deposited by the tenant but appeal was dismissed---Validity---No one could be permitted to assume inconsistent positions in the Court by approbating and reprobating to the detriment of opposite---Tenant was party to the lease agreement---Once a tenant always a tenant---Respondent was not owner of the rented premises---Tenant was estopped by his own conduct to deny the relationship of landlord and tenant---Appellate Court had all the powers which the original forum had---Rent for the months of April and May, 2016 was deposited by the tenant on 31-05-2016---Delayed deposit of rent for the said months was not just in default of tentative rent order but also the terms of lease agreement---Tenant could have deposited the rent for the said months prior to the 15th of each month---Deposit of rent after disposal of eviction petition could not be said to be in compliance with the tentative rent order passed by the Rent Controller---Tentative rent order passed by the Rent Controller was in field---Tenant was supposed to show compliance with the said order in order to avoid adverse consequences---Constitutional petition of tenant was dismissed in circumstances.