Law:

Section:

(a) Punjab Rented Premises Ordinance (XII of 2007)--- ----Ss.19, 22 & 28---Civil Procedure Code (V of 1908), S.12(2)---Constitution of Pakistan, Art. 199---Constitutional petition--- Maintainability--- Ejectment---Non-filing of leave application within prescribed period and passing of ejectment order---Filing of application under S.12(2), C.P.C. instead of appeal against ejectment order---Dismissal of application under S.12(2), C.P.C. by Rent Tribunal for non-existence of element of fraud and misrepresentation in obtaining ejectment order---Order of dismissal of application under S.12(2), C.P.C. challenged in constitutional petition instead of appeal---Maintainability---Petitioner was obliged to avail remedy of appeal against ejectment order, specifically provided in Punjab Rented Premises Ordinance, 2007---Ejectment order was not alleged to have been procured by fraud and misrepresen-tation, in the application under S.12(2), C.P.C.---Rent Tribunal had rightly exercised jurisdiction to strike-off defence of petitioner and pass ejectment order for his failure to file leave application within time---Constitutional petition would not be maintainable in case of availability of an adequate and efficacious remedy provided by any law---Petitioner had not availed efficacious and adequate statutory remedy of appeal available against ejectment order, but had sought remedy by filing application under S.12(2), C.P.C. without making out case thereunder---High Court dismissed constitutional petition, for being not maintainable in circumstances. Farzand Raza Naqvi and 5 others v. Muhammad Din through legal heirs and others 2004 SCMR 400; Happy Family Associate through Chief Executive v. Messrs Pakistan International Trading Company PLD 2006 SC 226; Securities and Exchange Commission of Pakistan v. Mian Nisar Elahi and others 2009 SCMR 1392; Munir Ahmad Moeen v. Mst. Mumtaz Begum 1990 MLD 1689; Mirza Allah Rakha v. Faheem-ud-Din Aziz and 10 others 2011 CLC 452; K.E.S.C. Labour Union through President another v. Federation of Pakistan through Secretary, Ministry of Law, Justice and Human Rights, Islamabad and 2 others 2006 PLC 186; M.G. Gazdar (deceased) through his 4 legal…

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