Law:

Section:

(a) Punjab Rented Premises Act (VII of 2009)--- ----S. 19(4)---Constitution of Pakistan, Art.199---Constitutional petition---Eviction petition---Requirement of submission of affidavits by the landlord at the time of filing eviction petition---Directory provision---Landlord submitted two affidavits at the time of filing of eviction petition and filed new affidavits afterwards containing additional grounds---Landlord had contended that it was nowhere provided that affidavits could not be submitted subsequently---Validity---No penal provision having been provided for non-submission of the affidavits at the time of institution of eviction petition---Legislature did not intend to deprive the parties to produce evidence merely due to omission to submit the affidavits along with the petition---Constitutional petition was dismissed. (b) Administration of justice--- ----One should be given maximum opportunity to produce the evidence in support of one's contention. (c) Constitution of Pakistan--- ----Art. 199---Constitutional jurisdiction---Scope---Interlocutory order---Interlocutory order passed by the court/Tribunal could not be assailed through constitutional petition unless it was established that the same was void due to lack of jurisdiction or was otherwise perverse and whimsical. ORDER RAUF AHMAD SHEIKH, J.---The petitioner has assailed the vires of order dated 23-1-2013 passed by the learned Special Judge (Rent), Rawalpindi, whereby his miscellaneous application seeking rejection of the affidavits submitted by respondents Nos.2 to 8 in an ejectment petition filed by them, was disallowed. 2. The learned counsel for the petitioner has contended that at the time of filing of the ejectment petition, the landlord had only submitted two affidavits of Ashiq Hussain and Muhammad Saleem but their own affidavits were not submitted so the requirements of section 19(4) of the Rented Premises Act, 2009 were not fulfilled; that subsequently new affidavits were submitted containing additional grounds, which were not taken in the ejectment petition; that once the affidavits of the witnesses are submitted, no new ground can be taken in the subsequent affidavits; that the above…

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