PROVINCE OF PUNJAB AND OTHERS vs MUHAMMAD TUFAIL
This matter concerns a petition for leave to appeal against a High Court judgment that upheld the eviction of the Government from a building it had rented for a nationalized school. The landlord had successfully obtained an ejectment order from the Rent Controller due to non-payment of rent, which the Government subsequently attempted to circumvent by issuing a requisition order for the same building. The High Court invalidated the requisition order on grounds of mala fides. Before the Supreme Court, the Government sought an interim stay of the eviction, arguing that the displacement of the school would cause hardship to the students. The Supreme Court dismissed the stay application, holding that the Government, as a tenant, is subject to the same legal obligations as any other tenant under the rent laws. The Court emphasized that running a school does not exempt a tenant from paying rent or complying with statutory requirements. It further observed that such tenants bear a greater responsibility to act lawfully to avoid causing disruption to students through their own defaults.
- Does the operation of a school in a rented building exempt the tenant from the obligations imposed by the West Pakistan Urban Rent Restriction Ordinance 1959?
- Can the Government use its power of requisition to circumvent an eviction order passed by a Rent Controller?
- Is the potential inconvenience to students a valid legal ground for staying an eviction order against a school tenant who has defaulted on rent?
- West Pakistan Urban Rent Restriction Ordinance 1959
ORDER
' This order will dispose of C. M. P. No, 582/85 in C. P. S. L. A. No, 570/85.
2. Facts giving rise to this application for grant of stay are that the building in question was taken on rent by the proprietor of a private school which was subsequently nationalised. Thereafter, the Government became liable to pay the monthly rent to the landlord, but it failed to pay rent as required. The landlord, therefore, filed ejectment applications before the Rent Controller, who ordered eviction of the petitioner from the premises in question. The petitioner/Government then passed orders requisitioning the said building. The landlord respondent challenged the validity of the requisition order through a writ petition, iter alia, on the ground of mala fides. The writ petition was allowed. The Government then filed T.-C. A. Which was dismissed vide the impugned judgment and the order of the High Court was upheld.
3. The petitioner-Government has assailed this judgment through the present petition for leave to appeal. Along with the petition, Government has also filed an application for interim stay, which has been heard today.
4. It was argued in support of the application, inter alia, that if the tenant (Government) is evicted it would cause a great hardship to the children studying in the school located in the premises in question and that operation of the impugned order must, therefore be stayed.
5. This contention is misconcieved because once this view is accepted all persons hiring buildings on rent for running schools would hardly ever feel obliged to pay the rent to the landlords, because they would always rise the plea of 'inconvenience to students'. There is no reason to treat such tenants differently from other tenants simply because they are running schools in the buildings taken on rent by them, because like other tenants they are governed by the provisions of the West Pakistan Rent R estriction Ordinance, 1959. In fact, a tenant who is running a school in the hired building should act with much greater care and responsibility than ordinary tenants because any default or infringement of the Rent Laws on their part would not only cause inconvenience to them but also to the student studying in their schools.
' The stay application is, therefore, dismissed.
Cited by 4 cases
- PROVINCE OF SIND And Others vs Syed SAIFUR RAHMAN And Other 1986 SCMR 1332
- Mrs. SANTOSH LATA KAPUR through Legal Heirs vs GOVERNMENT OF WEST 1987 CLC 2058
- Khawaja MUHAMMAD SALEEM and 3 otherss vs HOME DEPARTMENT, GOVERNMENT OF PUNJAB through Secretary Home, Lahore and anothers 2006 YLR 2462
- DEPUTY REGISTRAR, COOPERATIVE SOCIETIES Versus ZULEKHA 1990 CLC 1003