2023 CLC 1087 LAHORE-HIGH-COURT-LAHORE

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YOUNAS RASHEED VS MUHAMMAD KASHIF IQBAL S.21---Qanun-e-Shahadat (10 of 1984), Art. 129---General Clauses Act (X of 1897), S. 27---eviction petition---No order to serve notice through courier service---Scope and effect---Rent Controller dismissed application of petitioner/tenant to set-aside ex-parte proceeding and leave to contest---Record revealed that although the notice was issued to the petitioner/tenant through registered post acknowledgment due, yet there was no mention that the acknowledgement due was received back with endorsement of the petitioner or his refusal recorded by the postal authorities, which was necessary to raise presumption of service under Art. 129 of Qanun-e-Shahadat Order read with S.27 of General Clauses Act, 1897---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.