2014 PLD 87 LAHORE-HIGH-COURT-LAHORE

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BAKHT MUNIR VS QADIR KHAN PLD 2012 Lah. 41, Constitutional petition--TERM , Punjab Rented Premises Act 2009--15 , Punjab Rented Premises Act 2009--21 , Punjab Rented Premises Act 2009--22 , Ss. 15, 21 & 22---Constitution of Pakistan, Art. 199---Constitutional petition---Application for eviction of tenant---Ex parte proceedings against tenant---Scope---Tenant filed applications for setting aside ex parte proceedings and sought leave to contest which were dismissed concurrently---Contention of tenant was that Rent Tribunal had not issued notice in the form prescribed in the Schedule---Rent Tribunal should have issued notice in the form prescribed in the Schedule for appearance of tenant on the date not later than ten days---Said notice was to be accompanied by the copies of eviction application and documents annexed with the same---Rent Tribunal might proceed ex parte and pass any order if tenant had failed to appear in spite of service---Tenant might apply for setting aside ex parte order along with application for leave to contest within ten days from the knowledge of the same---Tenant, in the present case, could not be served through ordinary mode of service and he had appeared in response to the proclamation which did not contain the condition that leave application was required to be filed within ten days---No notice as prescribed by law having been served upon the tenant, tenant could not be burdened with the consequences of mandatory provisions of subsections (2) and (6) of S.22 of Punjab Rented Premises Act, 2009 when no notice in the prescribed form accompanied by the copies of eviction petition and documents annexed with the same was served upon him or was handed over to him while appearing before the Rent Tribunal---When law required a thing to be done in a particular manner, the same must be done accordingly---If prescribed procedure was not followed, it would be presumed that same had not be done in accordance with law---Non- compliance of directory provisions of subsection (1) of S.21 of Punjab Rented Premises Act, 2009 amounted to denial of a statutory right of tenant---Penalty of provisions of subsection (6) of S.21 of Punjab Rented Premises Act, 2009 could not be invoked in the event of such non-compliance of said statutory provisions---Mandatory provisions of law had been violated in the present case---Prescribed procedure had not been followed by the Rent Tribunal nor same was noticed by the Appellate Court---Impugned orders of both the courts below were set aside---Rent Tribunal was directed by High Court to decide application for leave to contest afresh and then to proceed further in accordance with law---Constitutional petition was accepted accordingly.