2023 PLD 225 LAHORE-HIGH-COURT-LAHORE

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ABDUL MALIK alias BADSHAH KHAN VS ADDITIONAL DISTRICT JUDGE Ss. 19 & 22---Constitution of Pakistan, Art. 199---Constitutional petition---Title of ownership---Determination---Petitioner/tenant assailed eviction order on the plea that after rejecting application for leave to defend the case, Rent Tribunal recorded evidence of respondent/ ejectment petitioner---Validity---Rent Tribunal concluded that title/ ownership of demised premises could be decided by adducing further evidence from the side of respondent/ejectment petitioner---To determine that respondent/ejectment petitioner was landlord of the demised premises, ex-parte evidence was directed to be produced---Such approach adopted by Rent Tribunal and ignored by Lower Appellate Court, was contrary to the intention of legislature, provisions of Punjab Rented Premises Act, 2009 and procedure laid therein---High Court set aside ejectment orders and remanded the matter to Rent Tribunal for decision afresh on ejectment petition as well as leave application of petitioner/tenant---Constitutional petition was allowed accordingly.