2024 YLR 1981 LAHORE-HIGH-COURT-LAHORE

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Sohail Niaz Khan VS Bilal Rizwan Ss. 19 & 22---eviction petition---Relationship of landlord and tenant, denial of---Failure to deposit rent as directed by High Court---Effect---Petitioner/tenant was directed to deposit rent before the High Courtby the 5th day of relevant month, when he approached it (High Court) against eviction ordershaving concurrently been passed against him---Petitioner / tenant did not comply with said rent-depositing order of the High Court---Argument of the petitioner / tenant was that since the relationship of landlord and tenant was denied, neither the Tribunal nor theHigh Court could have directed him to deposit the rent, hence, he could not be non-suited on said ground---Held, that the argument of the petitioner / tenant was misconceived as the order passed in the present proceedings , directing the petitioner to deposit the rent, was neither objected to nor assailed by him before the higher forum, rather he benefitted from the said order, partially, to the extent of retention and protection of possession of the rented premises and in addition, he himself filed application for extension of time for deposit of rent on the ground that due to Eid Holidays, rent could not be deposited, which was dismissed for the reason that Eid-ul-Fitr would be beyond the target date (5th date of relevant month)---Petitioner should have deposited the rent in compliance of the said order from which he could not take such, remarkable volte face---No gross illegality, misappreciation of record or procedural improprietycould be pointed out by the petitioner in the impugned eviction orders having been concurrently passed by the both the Courts below---Constitutional petition filed by the tenant was dismissed , in circumstances.