PROVINCE OF PUNJAB vs AZMATULLAH
This matter arises from a petition for special leave to appeal filed by the Province of Punjab against orders directing the ejectment of the petitioner from a building housing a government-managed school. The respondent landlord had sought ejectment on grounds of personal need and default in rent, leading to a rent controller order for rent deposit. Subsequently, the provincial government requisitioned the property under the Punjab Requisitioning of Immovable Property (Temporary Powers) Act, 1956, prompting the rent controller to initially dismiss the ejectment application as infructuous, though this dismissal was later reversed on appeal and the case remanded. Meanwhile, the rent controller struck off the petitioner's defence for non-compliance with the initial rent deposit order, resulting in successive dismissals of the petitioner's appeals and second appeals by the lower forums and the High Court. The core legal question was whether the initial rent deposit order lapsed upon the temporary dismissal of the ejectment petition. The Supreme Court held that the prior default in complying with the rent deposit order occurred before the dismissal, rendering the petitioner's contention meritless. The petition was dismissed, upholding the concurrent findings against the petitioner while granting a brief extension for possession given the educational nature of the premises.
- Does an order for the deposit of rent passed under rent restriction laws lapse when an ejectment application is temporarily dismissed and later remanded?
- Can a tenant's defence be struck off for non-compliance with a rent deposit order occurring prior to the dismissal of an ejectment petition?
- Section 13(6), Punjab Urban Rent Restriction Ordinance 1959
- Section 11, Punjab Requisitioning of Immovable Property (Temporary Powers) Act 1956
ORDER
1. ' NASIM HASAN SHAH, J.-The respondent moved an application tot ejectment of the petitioner from the building occupied by a Government Managed School, namely, Shah Jehan Girls Model School, Lahore, on the ground of personal need and default in the payment of rent. He claimed Rs, 200 as monthly rent of the building in dispute. The Rent Controlled passed an order on 28-6-1976 under section 13(6) for deposit of monthly rent of Rs, 200 and Rs, 6,515 towards the arrears of rent up to 15- 7-1976. It appears that this order was not complied with, in accordance with its terms, instead the building was requisitioned by the Government of Punjab under section 11 of Act VII of 1956 by its order dated 9-3-1977. In view of the requisitioning order, the Rent Controller dismissed the respondent's application by his order dated 7-12..1977 on the ground that after requisition of the property by the petitioner,, the ejectment application of the respondent had become infructuous because the respondent was no longer competent to eject the petitioner from the requisitioned property. The respondent's appeal against the said order of the Rent Controller was, however, accepted by the Additional District Judge, Lahore, by his order dated 27-5-1978 relying upon Mohammad Tufail v. Province of Punjab and 5 others (1) wherein it was held that an order of requisition passed in these circumstances is without jurisdiction. Against the appellate order the respondent filed a Second Appeal (S.A.O. 499/78) in the High Court which was ultimately dismissed on 9-1-1979.
2. ' In the meanwhile, the Rent Controller struck off the defence of the petitioner by his order dated 17- 6-1978 on the basis that his first order dated 28-6-1976 had not been complied with by the petitioner. The petitioner challenged the order of ejectment dated 17-6-1978 made by the Rent Controller by filing an appeal before the Additional District Judge, which was dismissed on 5-3- 1979. He then moved Second Appeal (S.A.O. 222/79) which, too, was dismissed by the High Court by its order dated 2-10-1979. Hence this petition for special leave to appeal.
3. ' The plea taken in the High Court by the petitioner has been repeated before us, namely, that after the dismissal of the ejectment petition on 7-12-1977 by the Rent Controller, the order made by him under section 13(6) for the deposit of future monthly rent had lapsed. Since the Rent Controller did not make a fresh order for the deposit of rent after the setting aside of the order of dismissal of application on 17-6-1978 and the remand of the case to him, the petitioner could not he ejected on the ground of non-compliance with the order of the Rent Controller.
4. ' There is no force in this contention because as pointed out by the High Court the requisition of the property took place on 9-3-1977 and the ejectment application was dismissed on 7-12-1977.
5. However, the default of compliance with the order of the Rent Controller passed on 28-8-1976 had occurred earlier to 7-12-1977. In these circumstances, no exception can be taken to the orders passed by the High Court and this petition must fail and is dismissed hereby.
6. ' However, since the premises in dispute is housing an educational institution we would allow the petitioner to continue in possession until 30-4-1980, provided he continues to pay the monthly rent, and is directed to hand over its possession to the respondent on 1-5-1980.
(1) PLD 1978 Lah. 78
Cited by 3 cases
- Mrs. SANTOSH LATA KAPUR through Legal Heirs vs GOVERNMENT OF WEST 1987 CLC 2058
- PROVINCE OF PUNJAB and 5 others vs MUHAMMAD TUFAIL 1985 CLC 1775
- MAQSOODA BEGUM vs PROVINCE OF THE PUNJAB and another 1985 CLC 2574