| Citation(s) |
|---|
| 2014 SLG 1721 2014 SLD 1721 2014 CLC 929 |
Lahore High Court
Writ Petition No.2766 of 2014, decision dated: 3rd February, 2014.
MUHAMMAD FARRUKH IRFAN KHAN, J
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Writ Petition No.2766 of 2014, decision dated: 3rd February, 2014.
MUHAMMAD FARRUKH IRFAN KHAN, J
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Syed GULZAR ALI SHAH
VS
ADDITIONAL DISTRICT JUDGE and others
Law:
Section:
(a) Punjab Rented Premises Act (VII of 2009)-------Ss. 15, 19 & 24(1), (2), (4)---Constitution of Pakistan, Art.199---Constitutional petition---Failure of tenant to comply with tentative rent order of Rent Tribunal---Effect---Tenant was under mandatory obligation to comply with the order about the payment of tentative rent fixed by the Rent Tribunal as non-compliance thereof entailed penal consequence---Petitioner/tenant had not complied with the order of deposit of tentative rent, therefore the Rent Tribunal had rightly closed his defence and passed the final eviction order---Constitutional petition was dismissed. Safeer Travels (Pvt.) Ltd. v. Muhammad Khalid Shafi PLD 2007 SC 504 rel. (b) Punjab Rented Premises Act (VII of 2009)--- ----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. Mushtaq Hussain v. Muhammad Shafi…
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