Law: Punjab Rented Premises Act, 2009

Section: 15,22(2),28(2)

Law: Constitution of Pakistan, 1973

Section: 199

Punjab Rented Premises Act (VII of 2009)--- ----Ss. 15, 22(2) & 28(2)---Constitution of Pakistan, Art.199---Constitutional petition---Application seeking leave to contest ejectment petition---Limitation---Condonation of delay---Tenant had filed application seeking leave to contest ejectment petition beyond the period of ten days as prescribed under S.22(2) of Punjab Rented Premises Act, 2009---Such delayed leave application was not only entertained by the court, but was also granted---Court, which did not enjoy any jurisdiction to condone the time for filing said application, had exercised jurisdiction in entertaining application, which was not vested in it under mandatory provisions of the statute---If such practice of entertaining a time barred petition under S.22 of Punjab Rented Premises Act, 2009, was not curbed, same could lead to long standing litigation between the parties, which would waste the precious public time, would cause inconvenience to the parties and would defeat spirit of legislation---High Court in such like matters could interfere in its constitutional jurisdiction---Order passed by Special Judge (Rent) being not maintainable in the eyes of law, was set aside---Special Judge (Rent) was directed to proceed with the matter and pass an order under S.22(6) of Punjab Rented Premises Act, 2009. ORDER SYED MUHAMMAD KAZIM RAZA SHAMSI, J.---This constitutional petition filed under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 is directed against an order dated 22-5-2010 passed by learned Special Judge (Rent), Gujrat whereby he entertained the petition under section 22 of the Punjab Rented Premises Act, 2009 and allowed the same. 2. At the call of the case, learned counsel for respondents did not turn up although his name is reflected in the cause list, as such the ex parte proceedings are taken against respondents. 3. It is contended by counsel for the petitioner that the petition seeking leave to contest the ejectment petition was instituted on 21-10-2009 while the first appearance of the respondents in court was on 11-9-2009, thus, the same was filed beyond the period of ten days as prescribed by the law. 4. The…

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