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 , 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---Tentative rent order---Default in compliance of order of Rent Tribunal on the plea of unjust determination of tentative rent---eviction of tenant---Scope---Landlord filed ejectment application on the ground of default in payment of monthly rent---Rent Tribunal directed the tenant to deposit tentative rent---Tenant failed to comply with the tentative rent order passed by the Rent Tribunal, therefore eviction order was passed---Appeal filed by tenant was dismissed by appellate Court---Plea of the tenant/petitioner was that Rent Tribunal wrongly determined the rate of rent, therefore petitioner/tenant was not bound to comply with the order of Rent Tribunal---Validity---Compliance of the tentative rent order was a condition precedent to enable the Rent Tribunal to examine the bona fides of correctness of various defence pleas of the tenant/petitioner so as to proceed further---In any eventuality the tenant had a remedy of complying with the tentative rent order so as to prove his case by production of evidence and to seek adjustment of the rent, if any, paid in excess---Tenant could not take it upon himself to decide that the order to deposit tentative rent passed by the Rent Tribunal was illegal---eviction order did not suffer from any jurisdictional defect---Constitutional petition was dismissed.