Law:

Section:

(a) Punjab Rented Premises Ordinance (XXI of 2007)--- ---Ss. 15 & 22(1)---Constitution of Pakistan (1973), Art.199---Constitutional - petition---Maintainability---Ejectment of tenant---Landlord filed ejectment petition against tenant before Rent Controller---Tenant, instead of filing application for leave to contest under S.22(1) of the Punjab Rented Premises Ordinance, 2007, filed reply to the ejectment petition--Rent Tribunal allowed tenant to file application for leave to contest---Landlord moved appeal against the said order of the Rent Tribunal---Appellate Court dismissed the same on the ground of being not maintainable---Tenant asserted that constitutional petition was not maintainable against the interim order in such matters---Validity---Held, it was appropriate for the landlord to assail the order passed by Appellate Court but he had failed to do the same--- Tenant appeared before the Rent Tribunal where he was ordered to file written statement, which order was complied with---Rent Tribunal should treat reply, filed by tenant, as an application for leave to contest and should have decided same first before proceeding further in the case---Order passed by Rent Tribunal was interim in nature which could not be assailed in the constitutional petition---Constitutional petition was dismissed by High Court. PLD 1995 Lah. 385; 2006 YLR 1516; NLR 1995 Civil Cases 134; 2009 CLC 1334; 1995 SCMR 1700; PLD 2009 Lah. 469; PLD 2006 Lah. 649; 1996 SCMR 1165; 1994 SCMR 65 and 2003 YLR 1722(C) ref. Syed Saghir Ahmad Naqvi v. Province of Sindh through Chief Secretary, S&GAD, Karachi and another 1996 SCMR 1165 and Syed Qamar Ahmad and another v. Anjum Zafar and others 1994 SCMR 65 rel. (b) Constitution of Pakistan (1973)--- ----Art. 199---Constitutional petition---Courts always favour to adjudicate the lis on merits rather than on technicalities. (c) Punjab Rented Premises Ordinance (XXI of 2007)--- ----Ss. 15 & 22(1)---Ejectment petition---Rent Tribunal to treat reply, filed by tenant, as an application for leave to contest and should decide the same first, before proceeding further in the case. ORDER HAFIZ ABDUL REHMAN ANSARI, J.---Through this…

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