Law:

Section:

Punjab Rented Premises Ordinance (XXI of 2007)--- ----S. 22---Object, scope and nature of S. 22 of the Punjab Rented Premises Ordinance, 2007--Non filing of affidavits of witnesses along with the application for leave to defend---Effect---Held, option has been given to the tenant that for the purposes of making out a case for the leave, if he feels the necessity of the affidavits of the witnesses in support of his defence, he may file those, but a restriction has been placed that such affidavits should not be more than two---If the option however, is not exercised by the tenant there are no penal consequences provided in law that shall be precluded to examine any witness in the course of trial in order to prove his case---Provision is directory and of a benign procedural nature---Once the leave to defend has been granted to a tenant, despite the non filing of the affidavit of the witness by him, his right to prove the case through oral evidence remains unimpaired. M. Aslam Riaz, Advocate Supreme Court for Petitioners. Nemo for Respondents. ORDER MIAN SAQIB NISAR. J.---The petitioners initiated an ejectment petition against the respondents under the provisions of Punjab Rented Premises Ordinance, 2007 (hereinafter referred to as the Ordinance). The latter in terms of section 22(3) of the Ordinance filed an application for leave to defend the petition, which was allowed, whereafter upon framing of the issues the parties were put to trial and the petition was dismissed by learned Rent Tribunal through the order dated 12-9-2009, holding that no grounds justifying the eviction of the respondents has been proved by the petitioners. The order was unsuccessfully assailed by the petitioners in appeal, and their further challenge to these orders remained fruitless before the Lahore High Court in the constitutional jurisdiction. 2. Learned counsel for the petitioners has argued that in violation of section 22(3) ibid the affidavits of witnesses were not filed along with the application for leave to defend, therefore, besides the effect thereof, that the respondents were not entitled to the leave, they were also precluded to examine any witness whose affidavit was not so…

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