2021 PLD 90 LAHORE-HIGH-COURT-LAHORE

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NOOR-UN-NISA VS UNITED BANK LIMITED Ss. 15, 19 & 22---eviction petition---Leave to contest---Concurrent findings---Scope---Petitioners assailed the rejection of their application for leave to defend the ejectment petition; the order of acceptance of ejectment petition and the judgment of appellate court dismissing the appeal---Contention of petitioners was that the property was allotted to their predecessor by the Settlement Authorities whereas respondent's claim was that the property was in ownership of a Bank whose assets and liabilities were devolved upon and taken over by it under Banks (Nationalization) Act, 1974---Validity---Supreme Court had settled the controversy between the parties regarding ownership of the property and had declared the respondent to be landlord of petitioners---Respondent had filed ejectment petition under Ss. 15 & 19 of Punjab Rented Premises Act, 2009, which was duly contested by the petitioners by filing application for leave to defend under S. 22, Punjab Rented Premises Act, 2009---Special Judge (Rent) had refused to grant leave to contest by ordering the petitioners to handover vacant possession of property to the respondent---Appeal filed by petitioners under S.28, was heard and dismissed---Under the rule of law, the access to justice was provided to the parties---Findings of both the courts were in consonance with law---Constitutional petition was dismissed.