2011 PLD 531 LAHORE-HIGH-COURT-LAHORE

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MUHAMMAD NAWAZ SHEIKH VS MANZAR HASSAN 1988 CLC 245, 1998 CLC 1054, 2010 SCMR 1071, Constitutional petition--TERM , Ejectment Proceedings--TERM , Punjab Rented Premises Ordinance 2007--19 , Punjab Rented Premises Ordinance 2007--24 , Ss. 19 & 24(4)---Constitution of Pakistan, Art.199---Constitutional petition---Ejectment proceedings---Wilful default---Scope---Order for deposit of arrears and future rent---Deposit of arrears of rent in time, but delay of one day in deposit of future rent---Order of ejectment order passed by Rent Tribunal on ground of such default upheld by Appellate Court-,-validity---Consequences of default in payment of rent either occurred before filing of ejectment application or after passing of order under S.24 of Punjab Rented Premises Ordinance, 2007, were identical-Default in former case had to be proved by evidence, while in latter case same stands proved from record of proceedings---eviction of tenant could be ordered in both such cases---In order to/characterize a default to be a wilful default, same had to be intention, deliberate, calculated and conscious with full knowledge of its consequences---Default in payment of rent occasioned on account of ignorance, accident or compulsion beyond control could not be termed 'wilful'---Person not well versed with technicalities of law could easily misconceive the order---Such delay of one day could not be termed as wilful default---High Court set aside impugned order and directed Rent Tribunal to decide ejectment application on merits.