2014 CLC 929 LAHORE-HIGH-COURT-LAHORE

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Syed GULZAR ALI SHAH VS ADDITIONAL DISTRICT JUDGE 1979 SCMR 496, 1985 SCMR 580, 2000 MLD 1345, 2004 CLC 981, 2007 SCMR 818, Constitutional petition--TERM , Eviction of tenant--TERM , Punjab Rented Premises Act 2009--15 , Punjab Rented Premises Act 2009--19 , Punjab Rented Premises Act 2009--24 , Ss. 15, 19 & 24(1), (2), (4)---Constitution of Pakistan, Art.199---Constitutional petition---Determination of tentative rent---Failure to deposit tentative rent on the direction of Rent Tribunal---eviction of tenant---Scope---Tenant was directed to vacate the premises on account of default in payment of tentative rent---Contention of the petitioner/tenant was that tentative rent so determined by the Rent Tribunal was unjustified, therefore eviction order was illegal---Validity---Main purpose of the promulgation of the Punjab Rented Premises Act, 2009 and its preceding legislations was not so much to provide a fast track mechanism to a landlord to realize unpaid rent or to evict a non-compliant tenant but was primarily aimed at protecting the rights of a tenant who was cognizant of the privilege and the license which had been granted to use the rented premises and who had not in any manner rendered himself liable to be eviction on the grounds provided in the law---If a statute granted privilege upon certain conditions to a person the said person seeking the privilege must also demonstrate that he had strictly complied with the conditions of the privilege and unless such conditions was not religiously fulfilled the said privilege was not available to the said person and as the other party to the lis could not be deprived of its rights under the law---Section 24(4) of the Punjab Rented Premises Act, 2009 being mandatory in nature required that the Rent Tribunal "shall forthwith pass the final order" in case of non-compliance of its direction or order---Lawful orders of Rent Tribunal could not be avoided by the tenant under the garb of putting forward his own stance---Tenant if not satisfied with calculation or with rate of rent so determined, was duty bound to made deposit to avoid striking off defence---Tenant, at best could ask Rent Controller to decline withdrawal of amount by landlord, but could not withhold deposit of arrears on any flimsy plea---Constitutional petition was dismissed.