Law: Punjab Rented Premises Act, 2009

Section: 16(4),21(1),(4),22,21

Law: Constitution of Pakistan, 1973

Section: 10-A

Law: Qanun-e-Shahadat (10 of 1984)

Section: 129

(a) Punjab Rented Premises Act (VII of 2009)--- ----Ss.16(4), 21(1), (2), (4) 22---Constitution of Pakistan, Art.10-A---Eviction petition---Leave to contest---Scope---Fair trial and due process---Rent Controller dismissed application of petitioner/tenant to set-aside ex-parte proceeding and leave to contest---Held, that S.16 of Punjab Rented Premises Act, 2009 (the Act 2009) conferred exclusive jurisdiction over a case under the Act 2009 and S.22 restricted the right of a respondent to defend himself in a eviction petition unless he obtained leave to contest from the Rent Tribunal within prescribed time---However, the fundamental right embodied in Art.10-A of the Constitution guaranteed that for determination of his civil rights and obligations, a person was entitled to a fair trial and due process---High Court allowed application of petitioner/tenant to set-aside ex-parte proceedings and directed that his application for the grant of leave to contest would be deemed to be pending before the Rent Tribunal---Constitutional petition was allowed, in circumstances. Naveed Asghar and 2 others v. The State PLD 2021 SC 600 ref. (b) Punjab Rented Premises Act (VII of 2009)--- ----S.21---Qanun-e-Shahadat (10 of 1984), Art. 129---General Clauses Act (X of 1897), S. 27---Eviction petition---No order to serve notice through courier service---Scope and effect---Rent Controller dismissed application of petitioner/tenant to set-aside ex-parte proceeding and leave to contest---Record revealed that although the notice was issued to the petitioner/tenant through registered post acknowledgment due, yet there was no mention that the acknowledgement due was received back with endorsement of the petitioner or his refusal recorded by the postal authorities, which was necessary to raise presumption of service under Art. 129 of Qanun-e-Shahadat Order read with S.27 of General Clauses Act, 1897---High Court allowed application of petitioner/tenant to set-aside ex-parte proceedings and directed that his application for the grant of leave to contest would be deemed to be pending before the Rent Tribunal---Constitutional petition was allowed, in circumstances. Mst. Bibi Fatima v. Muhammad…

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