Law: Punjab Rented Premises Act, 2009

Section: 15,22

Law: Constitution of Pakistan, 1973

Section: 199

Punjab Rented Premises Act (VII of 2009)--- ----Ss. 15 & 22---Constitution of Pakistan, Art.199---Ejectment petition---Application for leave to defend---Striking off defence of tenant---Rent Controller ordered issuance of Proclamation in the newspapers on special date---Tenant appeared on the said date, filed Vakalatnama, whereupon he was directed to file the written statement---Rent Controller, struck off the defence of the tenant on the ground that leave application was not filed within the prescribed time and passed ejectment order against the tenant---Appeal by the tenant having remained unsuccessful, tenant filed constitutional petition---Validity---Tenant appeared before the Rent Controller in response to the Proclamation published in the newspaper, which Proclamation did not contain the condition that leave application was to be filed within 10 days---No notice in the prescribed form was received by the tenant---Where first appearance was made by the tenant in ejectment petition, through Proclamation in newspapers, it was duty of the court to inform the tenant, when he did not appear through counsel, to file leave application within 10 days from that date and also should fix date of 10 days for having the leave application---Order in such regard should be a speaking order---Said procedure having not been followed by the Rent Controller nor noticed by the Appellate Court, s of Rent Controller and Appellate Court, were not sustainable in the eyes of law---Impugned order were set aside and Rent Controller was directed to decide the leave application of the tenant on its own merits afresh. PLD 2009 Lah. 489 rel. JUDGMENT SYED MUHAMMAD KAZIM RAZA SHAMSI J.---This constitutional petition is directed against an order dated 28-1-2010 passed by Mr. Muhammad Sarfraz Akhtar, learned Addl. District Judge, Faisalabad whereby he maintained the order dated, 16-12-2009 passed by the learned Rent Controller, Faisalabad, whereby the defence of the petitioner was struck off and the final order was passed against him. 2. In the ejectment petition filed by the respondent against the present petitioner on 9-7-2009 the Rent Controller ordered for issuance of proclamation…

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