Law:

Section:

(a) Punjab Rented Premises Act (VII of 2009)--- ----S. 7---Default---Subsequent payment or deposit of arrears of rent does not wipe off default once committed. (b) Punjab Rented Premises Act (VII of 2009)--- ----S. 7---Constitution of Pakistan, Art.199---Constitutional petition---Ejectment of tenant---Oral tenancy---Scope---Default in payment of rent---No written tenancy existed and tenant defaulted in payment of arrears of rent---Effect---In absence of written agreement as to period, the tenancy would be deemed to be on month to month basis terminable on one month's notice by either party---After filing of execution petition of order enhancing rent, it was deemed that notice to terminate tenancy was served---Tenant did not deposit rent at enhanced rate and as such was defaulter---Tenancy also stood terminated with expiry of its period, which was on month to month basis---High Court declined to interfere in the order passed by Rent Tribunal---Petition was dismissed in circumstances. ORDER RAUF AHMAD SHEIKH, J.--- The petitioner has assailed the vires of judgment and decree 4-12-2012 passed by the learned Additional District Judge, Chakwal, whereby an appeal filed by him against the judgment and decree dated 5-7-2012 of the learned Special Judge (Rent), Chakwal was dismissed. The respondents Nos.1 and 2 had sought the ejectment of the petitioner from the shop No.3 Nawaz Market near GPO, Talagang, District Chakwal, (Hereinafter called the rented premises) with the contention that the petitioner had not deposited the rent in terms of order dated 27-7-2009 passed by the Rent Controller, and a sum of Rs.54,224 was due from him as arrears so he was defaulter in payment of the rent and was liable of ejectment. The petitioner moved an application for leave to appear and defend with the contention that the respondents Nos.1 and 2 had filed a petition for execution of the order dated 27-7-2009, on which the ejectment order was passed and after dismissal of the appeal, he assailed the said order through writ petition and the same was accepted by this Court and as such no default has been committed. 2. The learned Rent Tribunal granted leave to appear and defend. After…

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