2023 CLC 1087 LAHORE-HIGH-COURT-LAHORE

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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.