Case Details

Citation(s)
2014 SLG 554 2014 SLD 554 2014 MLD 1084
Lahore High Court
W.P. No. 17306 of 2013, decision Dated: 09-07-2013.
SHOAIB SAEED, JUSTICE
M. Safdar Shaheen Pirzada for Petitioner.

MUHAMMAD ASIF

VS

AMINA BIBI AND OTHERS

Law:

Section:

(a) Punjab Rented Premises Act (VII of 2009)--- ----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. Messrs Mehran Distributors through proprietor and 2 others v. United Bank Limited through Engineering Division, Karachi and 2 others 2009 YLR 1024 rel. (b) Punjab Rented Premises Act (VII of 2009)--- ----Ss. 7 & 20---Payment of rent---Procedure---Tenant should make a tender or deposit rent in the court on refusal of landlord or his agent to collect the same after seeking permission from the court. THIS ORDER PASSED BY: SHOAIB SAEED, JUSTICE:---.--- This writ petition is directed against the impugned orders dated 13-5-2013 passed by the Civil Judge/Rent Tribunal Shakargarh and 4-7-2013 passed by the Addl. District Judge, Shakargarh. 2. Brief facts of the case are that respondents Nos.1 to 8 filed an eviction petition on 27-3-2013 against the petitioner with reference to a shop situated in Abid Market Shakargarh. The ejectment proceedings were filed on the ground of default for the months of October of 2012 till 31-3-2013. The shop carried a monthly rental…
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