2015 YLR 1179 LAHORE-HIGH-COURT-LAHORE

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MUHAMMAD SAEED AKHTAR BUTT VS ADDITIONAL DISTRICT JUDGE, LAHORE PLD 1980 SC 9, PLD 2000 SC 787, PLD 2003 SC 477, Constitutional petition--TERM , Eviction of tenant--TERM , Punjab Rented Premises Act 2009--15 , Punjab Rented Premises Act 2009--22 , Ss. 15 & 22---Constitution of Pakistan, Art. 199---Constitutional petition---eviction of tenant---Default in payment of rent---Ejectment petition by one of the legal heirs of original owner---Deposit of rent in the name of deceased owner---Effect---Rent Tribunal while dismissing application for leave to contest directed the tenant to vacate the demised premises within a specified period---Contention of tenant was that without impleading all the legal heirs of deceased owner ejectment proceedings could not proceed---Validity---Tenant was inducted in the demised premises by the predecessor in interest of landlords---Rent was not deposited on month to month basis rather same was deposited collectively---Tenant deposited rent in the name of deceased owner despite having the knowledge that he had expired---Tenant was supposed to deposit rent in the name of landlord and his act of depositing the same in the name of deceased owner was to be considered a wilful and contumacious default---Tenant had committed wilful and contumacious default in payment of rent and he was liable to be evicted on such ground---Rent Tribunal was not to allow leave to a tenant to contest unless application had disclosed sufficient ground for production of evidence---No sufficient ground existed to allow petition for leave to contest---Constitutional petition was dismissed in circumstances.