Law:

Section:

Punjab Rented Premises Ordinance (XXI of 2007)--- ----Ss. 21 & 22---Constitution of Pakistan, Art. 199---Constitutional petition---Tenant (petitioner) assailed orders of courts below whereby his application for leave to appeal was dismissed and ejectment orders were passed---Contention of the tenant was that mandatory provisions of law were not adhered to by the Rent Tribunal---Validity---Requirements as had been provided in statutory provisions had not been adhered to---No notice was issued through courier service and the mandatory requirement of notice to be accompanied by a copy of the application and documents annexed therewith was also not complied with---In order to invoke penal provisions, it was necessary for the Rent Tribunal to have issued a notice under S.21(i) of the Punjab Rented Premises Ordinance, 2007---Such notice could have been issued only after examining the petition and after satisfaction that it was accompanied by the requisite documents, in case of failure of the Tribunal to act accordingly, no reason, therefore, existed for causing appearance of the tenant before the Rent Tribunal and for starting the ten days period for filing application for leave to contest under S. 21 of the Ordinance---High Court, in circumstances, set aside orders of the courts below and dismissed ejectment petition of the land­lord---Constitutional petition was allowed, in circumstances. Younas Siddique v. Mst. Tahira Jabeen PLD 2009 Lah. 469 rel. JUDGMENT IBAD-UR-REHMAN LODHI, J.---,Respondent No.3 claiming himself to be the owner of the property in question filed an ejectment petition on 31-7-2009 on the ground of default in payment of by the tenant/petitioner since 1-1-2009. The learned Special 'Judge (Rent) vide order dated 14-1-2010 refused to grant leave to contest the petition to the petitioner and straightaway ordered his ejectment. When such order was called in question by way of an appeal, learned Appellate authority allowed the same on 8-4-2010 and the matter was remanded back to the learned Special Judge (Rent) for re-consideration of the petition for leave to contest filed by the petitioner. The said acceptance of the appeal and the remand of the…

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