Citation Name: 2024 PLD 570 LAHORE-HIGH-COURT-LAHOREBookmark this Case MUHAMMAD ILYAS vs MUHAMMAD SAEED Ss

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Citation Name: 2024 PLD 570 LAHORE-HIGH-COURT-LAHOREBookmark this Case MUHAMMAD ILYAS VS MUHAMMAD SAEED Ss. 19, 21(4) & 22(3)---Proceedings before the Rent Tribunal---Ex-parte order, assailing of---Application for leave to contest, non-filing of---Scope and effect---Application of the petitioner/tenant for setting aside ex-parte final order, without accompanying application for leave to contest, was dismissed by the Rent Tribunal, which judgment was maintained by the Appellate Court---Contention of the petitioner/tenant was that although no application for leave to contest was filed by him, however, specific plea was taken in the application for setting aide ex-parte final order to question ownership of respondent/landlord qua demised premises which warranted grant of leave, framing of issues and decision after recording of evidence---Validity---Section 21(4) of the Punjab Rented Premises Act, 2009 ('the Act 2009'), states that if an ex-parte order is passed against a respondent, the respondent may, within ten days from the date of knowledge, apply to the Rent Tribunal for setting aside ex-parte order along with an application for leave to contest---Section 22(3) of the Act 2009 provides that an application for leave to contest shall be in the form of a written reply, stating grounds on which the leave is sought and shall be accompanied by an affidavit of the respondent, copy of all relevant documents in his possession, and, if desired, affidavits of not more than two witnesses---From perusal of S. 21(4) of the Act 2009, it is abundantly clear that while applying for setting aside an ex-parte order, a separate application for leave to contest, in the form and manner prescribed in S. 22(3) of the Act 2009 has to be filed within the period of limitation---Any plea taken on merits of the case in the application for setting aside ex-parte order passed by the Rent Tribunal under S. 21 of the Act 2009 without an application seeking leave to contest in the form and manner prescribed under S. 22(3) of the Act cannot be taken into consideration---No illegality, infirmity or jurisdictional error had been noticed in the impugned decisions of the courts below warranting interference of the High Court---Constitutional petition filed by the tenant, was dismissed in limine.

Citation Name: 2024 PLD 570 LAHORE-HIGH-COURT-LAHOREBookmark this Case MUHAMMAD ILYAS vs MUHAMMAD SAEED Ss — 2024 PLD 570 LAHORE-HIGH-COURT-LAHORE

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