2014 YLR 2598 LAHORE-HIGH-COURT-LAHORE
Punjab · 2014
Full text
JAVED IQBAL VS Malik KHURRAM JAHANGIR 2013 SCMR 464, Constitutional petition--TERM , Ejectment of tenant--Term , Punjab Rented Premises Act 2009--15 , S.15--Constitution of Pakistan, Art.199--Constitutional petition---Ejectment of tenant---Landlord filed eviction petition which was accepted by the Rent Tribunal but same was dismissed by the Appellate Court---Validity---Application for eviction was filed against sole tenant who was dead at the time of filing of application which was not proceedable and such defect was not curable---Eviction petition was incompetent and order passed by the Rent Tribunal was nullity in the eye of law---Landlord had come before the High Court in extra ordinary constitutional jurisdiction and for invoking such jurisdiction, he was bound to show some jurisdictional defect---Applicant had failed to point out any such defect in the impugned judgment---Appellate Court had minutely gone through the evidence and reached to a right conclusion---Landlord had made contradictory claims during proceedings of ejectment petition which disentitled him for exercise of such jurisdiction in his favour---Constitutional petition was dismissed in circumstances.
