2015 CLC 776 LAHORE-HIGH-COURT-LAHORE

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MUHAMAD YASMIN VS Mst. NAHEED BANO PLD 1967 Kar. 35, PLD 1986 Lah. 14, PLD 1991 Lah. 1, Appeal--TERM , Constitutional petition--TERM , Ejectment of tenant--Term , Limitation--TERM , Punjab Rented Premises Act 2009--15 , Punjab Rented Premises Act 2009--21 , Punjab Rented Premises Act 2009--31 , Ss. 15, 21(b) & 31---Constitution of Pakistan, Art. 199---Constitutional petition---Ejectment of tenant---Ex parte eviction order, setting aside of---Appeal---Limitation---Court-fee, affixation of---Ex parte eviction order was passed against which appeal was filed which was dismissed due to non-deposit of court fee---Validity---Notices were sent for service of tenant at the same address which was given by him in the constitutional petition but he did not receive the same---Notice was also pasted at the door of house of tenant and publication in the newspaper was also made but he did not appear before the Rent Tribunal---Tenant had wilfully avoided service of notice and ex parte eviction order was passed---Tenant had remedy to get the ex parte order set aside within 10 days from the date of knowledge but he did not avail the said remedy and filed appeal which was barred by limitation---No explanation was furnished for filing a delayed appeal---Rent Tribunal could execute an order passed by it or by the Appellate Court under Punjab Rented Premises Act, 2009 as a decree of a civil court and for such purpose he might exercise any or all the powers of a civil court---"Final order" passed by the Rent Tribunal had the force of a "decree of civil court"---Tenant was required to affix ad valorem court fee i. e. 7.5% of the annual rental value of demised premises on appeal filed by him---No illegality had been committed by the Appellate Court while dismissing the appeal for non-deposit of requisite court fee---Constitutional petition was dismissed in circumstances.