Law: Punjab Rented Premises Act, 2009

Section: 15,19,22(2)

Law: Punjab Rented Premises Act, 2009

Section: 15,19,22(2)

Law: West Pakistan General Clauses Act, (IV of 1956)

Section: 8,9

Punjab Rented Premises Act (VII of 2009)-------Ss. 15, 19 & 22(2)---West Pakistan General Clauses Act (VI of 1956), Ss.8 & 9---Constitution of Pakistan, Art.199---Constitutional petition---Ejectment application---Application for leave to defend---Said application was dismissed by the Rent Controller followed by order of ejectment---Appeal filed by the tenant against the ejectment order was allowed by the Appellate Court and the case was remanded to Special Judge Rent for decision afresh---Rent Controller on the post remand proceedings, allowed the leave application permitting the tenant to contest the ejectment petition---Counsel for landlord had contended that leave application having been filed by the tenant with a delay of one day, Rent Controller was not justified in granting the permission to tenant to contest the ejectment petition---In the present case provisions of Limitation Act, 1908 had not been made applicable to the matter for the reason that special law had itself provided the timeframe for conducting proceedings thereunder and for availing further remedies---Section 8 of West Pakistan General Clauses Act, 1956 had provided the exclusion of the first day in calculating the period of limitation---Said provision, more particularly was applicable to the statutes to which the Limitation Act, 1908 was not applicable---If the time of 10 days prescribed for filing leave application was counted according to the provisions of S.8 of West Pakistan General Clauses Act, 1956, application filed by the tenant was well within time---Application filed by the tenant for contesting the ejectment petition, was within the statutory period in view of that beneficial interpretation of S.8 of West Pakistan General Clauses Act, 1956. Muzammil Akhtar Shabbir for Petitioner. M. Waheed Hassan for Respondents. ORDER SYED MUHAMMAD KAZIM RAZA SHAMSI, J.--- This constitutional petition is directed against an order dated 16-9-2010 passed by learned Special Judge Rent, Lahore whereby leave application to contest ejectment petition was allowed in favour of the respondent. 2. Briefly stated the facts of the case are that the Abdul Kareem petitioner instituted an ejectment…

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