2016 MLD 67 LAHORE-HIGH-COURT-LAHORE

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MOHAMMAD TARIQ VS SAFDAR HUSSAIN 1996 SCMR 1165, 1998 SCMR 328, 2006 MLD 1532, 2010 CLC 1590, Constitutional petition--TERM , Maintainability--TERM , Punjab Rented Premises Act 2009--15 , Summoning of witnesses--TERM , S. 15---Constitution of Pakistan, Art. 199---Constitutional petition---Maintainability---Application for eviction of tenant---Summoning of witness---Rent Tribunal dismissed application for summoning of witness filed by the tenant---Contention of tenant was that appearance of witness was necessary to prove the execution of agreement---Validity---Name of witness desired to be summoned was given in the list of witnesses relied by the tenant---Said witness appeared before the Rent Tribunal on issuance of his warrants and got recorded his statement that he did not want to appear as witness of tenant and he had no concern with the agreement---Tenant did not object to the statement of witness when he appeared before the Rent Tribunal and did not raise the plea that witness was employee of landlord at such time---After appearance of witness before Rent Tribunal tenant kept mum for a long period of six months---Law did not favour the indolent rather it would favour the vigilant---Six month period had been provided for disposal of eviction petition---Tenant wanted to gain more and more time to prolong the proceedings for as much time as he could---Court could not compel the witness when he did not want to give evidence in favour of any party---Impugned order was not a final order against which no remedy of appeal had been provided---Constitutional petition was not maintainable where appeal had been barred by the legislature as same would defeat the will of legislature---Impugned order was in accordance with law---No illegality or jurisdictional defect had been pointed out in the impugned order---Constitutional petition was dismissed in circumstances.