2014 MLD 1084 LAHORE-HIGH-COURT-LAHORE

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MUHAMMAD ASIF VS AMINA BIBI 2009 YLR 1024, Constitutional petition--TERM , Payment of rent--Term , Procedure--TERM , Punjab Rented Premises Act 2009--15 , Punjab Rented Premises Act 2009--20 , Punjab Rented Premises Act 2009--7 , Ss. 15, 7 & 20---Constitution of Pakistan, Art. 199---Constitutional petition---Application for eviction of tenant---Payment of rent---Procedure---Ejectment petition was filed on 27-3-2013 and rent was deposited on 30-3-2013 after institution of the same---Tenant neither followed the terms of tenancy agreement nor the provisions of S. 7(2) and (3) of the Punjab Rented Premises Act, 2009---Payment of accumulated rent could not be considered a proper payment---Tenant deposited the rent for the defaulted period but he could not take refuge by such deposit of rent nor that would cause prejudice to the right of the landlord---Tenant should have made a tender or deposited rent on refusal of landlord or his agent to collect the same after seeking permission from the court but no such steps were taken in the present case---Tenant had failed to point out any illegality, irregularity or infirmity in the impugned orders passed by the two courts below---Constitutional petition being devoid of any force was dismissed in limine and tenant was directed to handover the vacant possession of the shop to the landlord within a period of 45-days from passing of the order.