| Citation(s) |
|---|
| 2023 SLG 1466 2023 CLC 738 2023 SLD 1466 |
Lahore High Court
S.A.O. No.77924 of 2019, heard on 13th October, 2022.Date of hearing: 13th October, 2022.
Before Muhammad Sajid Mehmood Sethi, J
Syed Muhammad Shah for Appellant. Ch. Abdul Hafeez for
Respondent.
S.A.O. No.77924 of 2019, heard on 13th October, 2022.Date of hearing: 13th October, 2022.
Before Muhammad Sajid Mehmood Sethi, J
Syed Muhammad Shah for Appellant. Ch. Abdul Hafeez for
Respondent.
Rana MUHAMMAD AHMAD TAHIR----Appellant
VERSUS
Mian MUHAMMAD ZIA----Respondent
Law:
Section:
(a) Punjab Urban Rent Restriction Ordinance (VI of 1959) [since repealed]--- ----S.13(2)(i)---Eviction of tenant---Willful default in payment of rent---Appellate court upheld the eviction order on ground of willful default---No regular payment was made by the appellant, especially for the period highlighted by the courts below, and nor was the requisite enhancement made since the existence of relationship of landlord and tenant between the parties----Tenant was bound to increase rent after every three years, failure whereof would entail consequences of willful default---Arrears of rent becoming due provided that if tenant had not paid or tendered rent due within stipulation provided therein, court might pass eviction order---Finding of the courts below were found to be in conformity with the applicable law---No exception could be taken to the impugned findings---Appeals were dismissed, in circumstances. (b) Punjab Urban Rent Restriction Ordinance (VI of 1959) [since repealed]--- ----S.5-A---Statutory increase in rent---Scope---Specific and separate notice for payment of increased rent was not necessary to be served upon a tenant and default would not to be presumed on lapse thereafter, rather a tenant must be conscious of the fact that increase was duly provided in the statute and he was bound to obey the dictates of law---Service of notice under S. 5-A of the Punjab Urban Rent Restriction Ordinance, 1959 by a landlord to a tenant was not a condition precedent to invoke the jurisdiction of the court---Filing of ejectment petition could be considered as notice for eviction and the tenant was under legal obligation to make payment of the rent accordingly. Muhammad Irfan v. Muhammad Zahid Hussain Anjum 2000 SCMR 207; Sikandar Hayat v. Hasina Sheikh PLD 2010 SC 19; Mian Shahid Iqbal v. Sheikh Tariq Mehmood 2010 SCMR 1 and Malik Abdul Aziz Awan and another v. Rana Maqbool Ahmad Khan and others 2012 SCMR 91 ref. Major (Retd.) Muhammad Yousaf v. Mehraj-ud-Din and others 1986 SCMR 751; Pakistan National Shipping Corporation v. Messrs General Service Corporation 1992 SCMR 871 and Akhtar Saleem v. Additional District Judge 2013 MLD 209 rel. (c) Appeal--- ----Appeal is…
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