Deposit of arrears of rent

2013 CLC 414 LAHORE-HIGH-COURT-LAHORE Judicial Precedent

Ss. 22, 24 & 28(4)Constitution of Pakistan, Art.199Constitutional petitionRent Controller granting leave to contest ejectment petitionDeposit of arrears of rentScopeEjectment petitionDefault in payment of rent by tenant, ground ofDenial of relationship of landlord and tenant between parties by respondentOrder of Rent Tribunal granting respondent leave to contest ejectment petition

Petitioner's plea that while passing impugned order, Rent Tribunal was obliged to direct respondent to deposit arrears of rent or furnish surety therefor

Validity

Rent Tribunal would be competent to pass final order including order for deposit of arrears of rent only after refusing to grant tenant leave to contest

Rent Tribunal while granting leave to contest could only direct a "tenant" to deposit rent due, but not anybody else not having attained status of tenant

Respondent after denying such relationship had not been declared as tenant, thus, he could not be directed to deposit arrears of rent

Person being treated as tenant by petitioner had been impleaded as respondent in the ejectment petition

Petitioner had not placed on record any material to show respondent to be tenant either under previous owner or the petitioner, who claimed to be new owner of property

No provision existed in Punjab Rented Premises Act, 2009, whereby respondent or tenant could be compelled to furnish a surety or security as a substitute to the deposit of arrears of rent

Impugned order was interlocutory in nature, whereagainst remedy of appeal was not provided under Punjab Rented Premises Act, 2009

Constitutional jurisdiction against interim order would not ordinarily be exercised without showing same to be either perverse or without jurisdiction/lawful authority

Impugned order did not suffer from any such defect

High Court dismissed constitutional petition in limine.