2014 YLR 581 LAHORE-HIGH-COURT-LAHORE

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MUHAMMAD SHABBIR VS ADDITIONAL DISTRICT JUDGE Constitutional petition--TERM , Maintainability--TERM , Punjab Rented Premises Act 2009--15 , Punjab Rented Premises Act 2009--19 , Requirements--Term , Ss. 15 & 19---Constitution of Pakistan, Art. 199---Constitutional petition---eviction petition, filing of---Maintainability--- Requirements--- Non-submission of affidavit with the ejectment petition---Effect---Contention of tenant was that landlords had not submitted affidavit with the eviction petition---Ejectment application was accepted concurrently--- Validity--- Where law required an act to be done or performed in a particular manner, same had to be accordingly done/performed--- Where application should be submitted with affidavit under statutory provision, then application without such affidavit should not be maintainable---Defect for not filing affidavit with ejectment petition was curable but only in such cases where sufficient and reasonable explanation was given---eviction petition had not been accompanied with the affidavits of landlords and two witnesses---Departure from statutory procedure had not been sufficiently explained which had rendered ejectment petition not maintainable in the eye of law---Landlords had not deposited 10% penalty of annual value of rent---Judgments/orders passed by both the courts below were set aside, however High Court observed that landlords might file fresh eviction petition in accordance with law---Constitutional petition was accepted in circumstances.