Law:

Section:

(a) Punjab Rented Premises Act (VII of 2009)--- ----Ss. 15, 21(b) & 31---Constitution of Pakistan, Art. 199---Constitutional petition---Ejectment of tenant---Ex parte eviction order, setting aside of---Appeal---Limitation---Court-fee, affixation of---Ex parte eviction order was passed against which appeal was filed which was dismissed due to non-deposit of court fee---Validity---Notices were sent for service of tenant at the same address which was given by him in the constitutional petition but he did not receive the same---Notice was also pasted at the door of house of tenant and publication in the newspaper was also made but he did not appear before the Rent Tribunal---Tenant had wilfully avoided service of notice and ex parte eviction order was passed---Tenant had remedy to get the ex parte order set aside within 10 days from the date of knowledge but he did not avail the said remedy and filed appeal which was barred by limitation---No explanation was furnished for filing a delayed appeal---Rent Tribunal could execute an order passed by it or by the Appellate Court under Punjab Rented Premises Act, 2009 as a decree of a civil court and for such purpose he might exercise any or all the powers of a civil court---"Final order" passed by the Rent Tribunal had the force of a "decree of civil court"---Tenant was required to affix ad valorem court fee i. e. 7.5% of the annual rental value of demised premises on appeal filed by him---No illegality had been committed by the Appellate Court while dismissing the appeal for non-deposit of requisite court fee---Constitutional petition was dismissed in circumstances. Khan Ghulam Hasan Khan v. Dr. Rashid Ahmed PLD 1967 Kar. 35; Muhammad Saloob Qureshi v. Muhammad Bashir and another PLD 1986 Lah. 14 and Dr. Khalid Karim v. Additional District Judge, Rawalpindi PLD 1991 Lah. 1 rel. (b) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)--- ----Ss. 15 & 17---Appeal---Court fee, affixation of---Scope---Court fee was payable on filing appeal as the final order passed in an ejectment petition had the force of a decree of civil court. Khan Ghulam Hasan Khan v. Dr. Rashid Ahmed PLD 1967 Kar. 35; Muhammad Saloob…

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