Law: Punjab Rented Premises Ordinance (XXI of 2007)

Section: 22(2),21(2),22(6)

Law: Punjab Rented Premises Ordinance (XXI of 2007)

Section: 22(2),21(2),22(6)

Law: Limitation Act, 1908

Section: 5

(a) Punjab Rented Premises Ordinance (XXI of 2007)-------S. 22(2)(6)---Leave to contest---If the leave application is not filed within the stipulated period of ten days, the Rent Tribunal shall pass the final order (as per S.22(6) of the Ordinance) which has made the provision as mandatory (as consequences of default are clearly provided), resultantly the tenant is liable to be straightaway ejected in terms of S.22(2)(6) of the Punjab Rented Premises Ordinance, 2007---Principles. (b) Punjab Rented Premises Ordinance (XXI of 2007)--- ----S. 22(2)(6)---Leave to contest---Tenant failing to file application for leave to contest within stipulated time of ten days---Contention of the tenant, in application for condonation was that on account of the reasons given in the application for condonation sought on the equitable grounds as argued in the court, the lapse should be overlooked---Validity---Held, equity could not override the law and it had not been shown if the condonation of the delay could be granted to the tenant under any provisions of the Punjab Rented Premises Ordinance, 2007 nor it was established if S.5, Limitation Act, 1908 was applicable to the said Ordinance and could be availed by the tenant---Rent Tribunal, in the present case, after having ordered the ejectment of tenant, had framed the issues and proceeded to record the evidence of the parties---Validity---Rent Tribunal having passed final eviction order against the tenant, rendered itself functus officio and could not proceed any further. Mian Khalid Habib Elahi for Petitioner. Hamid Iftikhar Pannu for Respondent No.1. ORDER MIAN SAQIB NISAR, J.--- The petitioner brought an eviction petition against the respondent No.1 (the respondent) under the Punjab Rented Premises Ordinance, 2007 (hereinafter be referred the Ordinance), in which the latter appeared before the Rent Tribunal on 26-2-2008; the case was adjourned to 8-3-2008, when leave application was filed by the respondent, which was beyond the period of 10 days as required under section 22(2) of the Ordinance, thus confronted with the above, the respondent moved an application on 28-4-2008 seeking condonation of the delay on the ground that…

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