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2015 CLC 229 LAHORE-HIGH-COURT-LAHORE

Punjab · 2015

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ABDUL GHAFOOR VS ADDITIONAL DISTRICT JUDGE 2004 SCMR 1568, 2009 SCMR 784, 2010 SCMR 1071, 2010 SCMR 795, PLD 2003 SC 228, PLD 2006 SC 549, Constitutional petition--TERM , Ejectment of tenant--Term , Punjab Rented Premises Act 2009--15 , Punjab Rented Premises Act 2009--24 , Ss. 24 & 15---Constitution of Pakistan, Art. 199---Constitutional petition--- Ejectment of tenant---Default in payment of rent---Effect---Rent Tribunal directed the tenant to deposit monthly rent till 10th of each following month but same was not deposited and eviction petition was accepted---Validity---Rent Tribunal not only had power to pass an order for deposit of rent due within a specified time and continue to deposit the same in the bank account of landlord or in the Rent Tribunal till final order was passed but had also power to forthwith pass final order if tenant had failed to comply with such order---Leave to contest was granted to the tenant and he was directed to pay rent of the premises in the court till 10th of each following month---Tenant had failed to comply with such direction and he had not deposited any amount---Provision of S.24(4) of Punjab Rented Premises Act, 2009 was mandatory and tenant, in circumstances, had committed default in payment of rent---Rent Tribunal had no other option except to pass impugned judgment and accept the ejectment petition---No infirmity or defect had been pointed out in the judgments passed by the courts below---Constitutional petition was dismissed in circumstances.