YOUNAS RASHEED vs MUHAMMAD KASHIF IQBAL Ss — 2023 CLC 1087 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2023 CLC 1087 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2023
Reporter: CLC
Parties: YOUNAS RASHEED vs MUHAMMAD KASHIF IQBAL Ss
Subject matter: Constitutional
Provisions referred to: S. 16; S. 22; Punjab Rented Premises Act

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

YOUNAS RASHEED VS MUHAMMAD KASHIF IQBAL Ss.16(4), 21(1), (2), (4) & 22---Constitution of Pakistan, Art.10-A---Eviction petition---Leave to contest---Scope---Fair trial and due process---Rent Controller dismissed application of petitioner/tenant to set-aside ex-parte proceeding and leave to contest---Held, that S.16 of Punjab Rented Premises Act, 2009 ("the Act 2009) conferred exclusive jurisdiction over a case under the Act 2009 and S.22 restricted the right of a respondent to defend himself in a eviction petition unless he obtained leave to contest from the Rent Tribunal within prescribed time---However, the fundamental right embodied in Art.10-A of the Constitution guaranteed that for determination of his civil rights and obligations, a person was entitled to a fair trial and due process---High Court allowed application of petitioner/tenant to set-aside ex-parte proceedings and directed that his application for the grant of leave to contest would be deemed to be pending before the Rent Tribunal---Constitutional petition was allowed, in circumstances.

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