2011 YLR 1958 LAHORE-HIGH-COURT-LAHORE

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MUHAMMAD AFZAL VS GULAB DEVI CHEST HOSPITAL, LAHORE Constitutional petition--TERM , Ejectment application--Term , Punjab Rented Premises Ordinance 2007--19 , Punjab Rented Premises Ordinance 2007--22 , Ss. 19 & 22---Constitution of Pakistan, Art. 199--- Constitutional petition---Ejectment application---Application for leave to contest---Tenant appeared and case was adjourned for permission to contest application, but since no copy of ejectment application was served upon the tenant to enable him to file application to contest the suit he could not file the application---Neither tenant nor his counsel appeared on the adjourned date despite his attendance was marked by the Reader of the court---Action was taken against the tenant under S. 22(2) of Punjab Rented Premises Ordinance, 2007---Contention of counsel for the tenant was that tenant had not been provided copy of eviction petition, along with summons, so that tenant could have filed application for leave to contest, was not warranted under the law, as such ground was never agitated before the Appellate Court---Tenant could not be allowed to raise a new ground---Judgments passed by both the courts below were in accordance with law and no illegality was in that---Constitutional petition was dismissed.