Law: Punjab Rented Premises Ordinance (XXI of 2007)

Section: 8,9(b),19(4),22(3)

Law: Constitution of Pakistan, 1973

Section: 199

Punjab Rented Premises Ordinance (XXI of 2007)---Ss. 8, 9(b), 19(4), 22(3)---Constitution of Pakistan, Art. 199---Constitutional petition---Ejectment petition, maintainability of---Non-compliance with Ss. 8, 9(b), 19(4) and 22(3) of the Punjab Rented Premises Ordinance, 2007---Effect---Respondent's (landlord) ejectment petition was allowed by the Rent Tribunal and upheld by Appellate Court---Petitioner (tenant) assailed the orders of the court- below in the constitutional petition on the ground that the ejectment petition filed by the landlord was not maintainable in the eye of law---Validity---Before the filing of the ejectment petition, it was incumbent on the landlord to bring the tenancy in conformity with the provisions of the Punjab Rented Premises Ordinance, 2007 by depositing the 10 per cent penalty of the annual value of the rent of the premises as stipulated under Ss. 8 and 9(b) of the Punjab Rented Premises Ordinance, 2007 and to submit his affidavit and affidavits of two witnesses along with the ejectment petition under S.19(4) of the Punjab Rented Premises Ordinance, 2007---Landlord had admitted that he had not fulfilled such requirements under Ss. 8, 9(b) and 19(4) of the Ordinance before the filing of ejectment petition---Landlord had not lodged any application before the Rent Tribunal showing any "sufficient cause" or "reasonable explanation" for non-filing of such affidavits in support of the ejectment petition and for the non-depositing of the 10 percent penalty of the annual value of rent under S.19(4) of the Ordinance---Established principle of law that when the law required anything to be done in a particular manner, the same must be done accordingly and if the prescribed procedure was not followed, it would be presumed that the same had not been done in accordance with law---Departure from a clear procedure of law not sufficiently explained with reasonable cause, therefore, rendered the ejectment petition of landlord as not maintainable in the eye of law---Courts below had lost sight of such fact in the impugned orders---Orders of courts below were set aside, and the constitutional petition was allowed accordingly with the observation that…

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