C.M. NO.1 OF 2016 ' This is an application under Section 151, CPC seeking suspension of warrants of possession issued by the learned Executing Court vide order dated 17.03.2016.
2.The main case is still at limine stage and is fixed for 29.03.2016 for preliminary arguments of the applicant.
3.In view of above said facts I asked the learned counsel for the applicant as to how prayer made in this application may be granted without hearing the main case. In response to said query, the applicant's counsel submits that since the Executing Court has issued warrant of possession, the main petition be fixed and heard today as otherwise the same would become infrastructure.
4Afore noted request of the applicant's counsel is reasonable. Office is, therefore, directed to fix the main case today.
5.CM stands disposed of.
' Main case 6.This constitutional petition is of the tenant and arises from a petition which was filed by Respondents No, 3 to 6 under Section 15 of the Punjab Rented Premises Act, 2009. Through the said petition the Respondents No, 3 to 6 sought eviction of the petitioner from Shop No, 78, Al-Habib Auto Market, 86-Mcleod Road, Lahore (hereinafter called the rented premises) on the ground of default in payment of monthly rent.
7.Petitioner's application for leave to contest was allowed by the learned Special Judge (Rent) vide order dated 2.4.2012. On pleadings issues were framed and parties were directed to adduce evidence in support of their respective claims. The Respondents No, 3 to 6 produced, oral as well as documentary evidence. The petitioner was granted opportunities to produce evidence but he failed to do the same and resultant his right was closed vide order dated 23.04.2015.
6.After appraising evidence and on consideration of the matter, learned Special Judge (Rent) returned the following findings in respect of default in payment of rent: "Although the right of the respondents to produce evidence was closed, however, some receipt regarding deposit of rent at the rate of Rs, 5500/- per month are available on the record up till May 2013, however no receipt since June 2013 till date is available on record, hence the respondents are held defaulter in payment of rent at least since June 2013 till date. Furthermore, some of the receipts for the year 2010-2011 available on the record shows that the monthly rent in the year 2010- 2011 was Rs, 3500/- per month. The tentative rate of rent of the demised premises was fixed by learned predecessor of this Court vide order dated 02.04.2012 @ Rs, 5500/- per month. Therefore, relying upon the evidence produced by the petitioners as well as material available on the record, the respondents are held defaulter in payment of rent at the rate of Rs, 5500/- per month since June 2013. Hence, this issue is decided in favour of petitioners and against the respondents."
' On the basis of afore-stated, findings the learned Special Judge (Rent) Lahore, vide order dated 09.07.2015 accepted the ejectment petition and directed the petitioner to hand over vacant possession of the rented premises within one month. Through the said order the Respondents No, 3 to 6 were also held entitled to recover rent @ of Rs, 5500/- per month from June 2013 till the- vacation of the rented premises.
7. The petitioner, feeling aggrieved, preferred an appeal under Section 28 of the Punjab Rented Premises Act, 2009 before the learned Additional District Judge, Lahore. On appeal the evidence available on record was re-appraised and following findings were recorded: "Perusal of record reveals that the appellants submitted copy of receipt for payment of rent for the month of December, 2015 to February 2016 and he deposited an amount of Rs, 11,000/-in the treasury on 23.2.2016. According to law the appellants were bound to pay the Tent before 10th of the succeeding month but he paid rent for the month of December 2015 to February 2016 on 23.2.2016 after stipulated period December and January and committed default in the light of receipt submitted before the Court. Photocopy of second receipt for the month of August, 2015 to November 2015 is also produced in the Court and according to this receipt the appellant deposited the rent amount Rs, 22,000/- on 11.11.2015 for the month of August to November 2015. According to this receipt he committed default in payment of rent for the month of August and September and he deposited the rent after stipulated period. Another receipt for payment of rent is also attached with the file and according to this receipt the appellant deposited rent Rs, 22,000/- for the month of April 2015 to July, 2015 on 03.11.2015. This receipt submitted in the Court by the appellant also proves that the appellant committed default in payment of rent for the month of April, May, June and July 2015 and he deposited rent after the stipulated period. The.Appellant/tenant was bound to pay rent according to stipulated period and in accordance with law but he knowingly and willfully did not pay the rent within stipulated period and committed default."
' On the basis of afore-stated findings the appeal was dismissed vide order dated 23.02.2016.
8. At the outset of hearing I asked the learned counsel for the petitioners to point out any flaw in the findings of the learned Appellate Court. In response to said query, he submits that the rent deposited after 10th day of month could not be treated as default and, thus, orders of the learned Courts below are liable to be set aside. I am afraid this argument has no substance. According to Section 7 of the Punjab Rented Premises Act, 2009 the petitioner was bound to pay or tender the rent not later than 10th, day of month. Since the said statutory requirement was not complied with, findings of the learned Courts below with respect to default in payment of rent warrants no interference by this Court.
9. This petition being devoid of any merit is dismissed in limine.