2016 MLD 1738 LAHORE-HIGH-COURT-LAHORE

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JAMEEL AHMAD NAAZ VS SUPER ASSOCIATES PLD 2009 SC 453, Constitutional petition--TERM , Default in payment of rent--Term , Eviction of tenant--TERM , Punjab Rented Premises Act 2009--15 , S. 15---Constitution of Pakistan, Art. 199---Constitutional petition---eviction of tenant--- Default in payment of rent---Denial of relationship of landlord and tenant by the tenant---Rent Tribunal, jurisdiction of---Scope---Tenants filed application for leave to defend wherein they denied existence of relationship of landlord and tenant between the parties---Rent Tribunal declined leave application and passed final eviction order which was upheld by the Appellate Court---Validity---Tenants could not occupy the demised premises for an indefinite period on the basis of pendency of civil suit and take premium of suit which was a matter between a trustee and landlords---Rent Tribunal had limited power and it had to decide the matter arising between a tenant and landlord---Rent Tribunal had no jurisdiction to decide the intricate question of title---Once a tenant was always a tenant---Respondents attained the status of landlord after purchase of demised premises and petitioners became the tenants by operation of law---Notice was issued to the tenants after change of ownership but despite that, they refused to acknowledge the status of respondents as their landlord---Denial of relationship of landlord and tenant by the tenants was contumacious on their part---When a tenant had denied relationship of landlord and tenant but through the material available it was not so established on record tenant was liable to be evicted straightaway---No illegality or irregularity had been pointed out in the impugned orders/judgments passed by both the courts below---Constitutional petition was dismissed with costs, in circumstances.