PHIPSONS COMPANY (PVT.) LIMITED vs ZAHID MOYEEN S — 2026 PLD 172 LAHORE-HIGH-COURT-LAHORE

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PHIPSONS COMPANY (PVT.) LIMITED VS ZAHID MOYEEN S. 22(2)---Punjab General Clauses Act (VI of 1956), Ss. 8 & 9---Ejectment petition---Leave to contest application---Limitation, computation of---First day of appearance to be excluded for computing the period of ten days limitation---Scope---Ejectment petition by the respondent (landlord/ being 'mutwalli of a trust') was filed on 30.1.2014, in which, the petitioner (tenant) made its first appearance in the court on 23.4.2014 and thereafter, filed leave to contest application on 03.5.2024---If the day of first appearance i.e. 23.4.2024 was included to compute the period of ten days, leave to contest application was time barred, however, if the said day was excluded, then the leave to contest application was within a period of ten days---Core legal question in the present matter was as to "whether the first day of appearance was to be excluded or not for computing the ten days limitation under S. 22(2) of the Punjab Rented Premises Act, 2009 (the "Act 2009")?"---Held: The petitioner under S. 22(2) of the Act 2009 was required to file leave to contest application within ten days of the first appearance---In view of S. 8 of the Punjab General Clauses Act 1956, the first day of appearance was to be excluded for computing the period of ten days---Application for leave to contest filed by the petitioner was within statutory period of ten days prescribed under S. 22(2) of the Act 2009, hence was not barred by time---Courts below wrongly held that application for leave to contest was not within the prescribed period of ten days, hence, to that extent the impugned order was not sustainable, however, on merits, no ground for leave to contest was made out---Ejectment petition was lawfully allowed against the petitioner---Constitutional petition being meritless was dismissed, in circumstances.

PHIPSONS COMPANY (PVT.) LIMITED vs ZAHID MOYEEN S — 2026 PLD 172 LAHORE-HIGH-COURT-LAHORE

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