2010 CLC 1839 LAHORE-HIGH-COURT-LAHORE

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MUHAMMAD JAFFAR VS ADDITIONAL DISTRICT JUDGE, LAHORE Constitution of Pakistan 1973--199 , Constitutional petition--TERM , Ejectment of Tenant--TERM , Punjab Rented Premises Act 2009--15 , Punjab Rented Premises Act 2009--21 , Ss. 15 & 21(4)(5)---Constitution of Pakistan (1973), Art.199---Constitutional petition---Ejectment of tenant---Tenant claimed to have purchased the shop through registered sale deed---Trial Court passed ex parte eviction order in pursuance whereof landlord took over possession of the disputed shop---Tenant filed application for setting aside eviction order---Trial Court accepted the application and ordered the landlord to hand over vacant possession to tenant-Landlord filed appeal which was accepted by the Appellate Court which remanded the case to Trial Court with direction to decide tenant's application under S.21(4) of the Punjab Rented Premises Act, 2009 afresh after framing an issue on the crucial point and recording evidence of both the parties---Tenant filed constitutional petition against the order of the Appellate Court contending that the ex parte order was rightly set aside by the Trial Court as the due service of the notices etc. upon him could not be established---Tenant further contended that the Trial Court was competent to set aside ex parte order on such terms as it deemed fit under S.21(5) of the Punjab Rented Premises Act, 2009 if respondent had shown sufficient cause for his non-appearance---Validity---Trial Court had set aside the ex parte eviction order only after arriving at a conclusion that the notices were not served on the tenant as was shown by relevant record and the report of the process server regarding affixation of the notices---After Trial Court's conclusive findings as to sufficient cause for non-appearance of the tenant in eviction petition, no further evidence or framing of issue was required on that particular point---Findings of the Appellate Court, therefore, were illegal, erroneous and suffered from material irregularity---Under S.21(5) of the Punjab Rented Premises Act, 2009 Rent Tribunal/Trial Court was empowered to set aside ex parte order on such terms as it deemed fit if sufficient cause for his non-appearance had been shown by respondent---Tenant having succeeded in getting the ex parte order set aside by showing sufficient cause for his non-appearance, was entitled to the possession of the property---Order of the Trial Court fell within the expression "on such terms as it may deem fit" used in S.21(5) of the Punjab Rented Premises Act, 2009---Setting aside of ex parte eviction order without restoration of possession would have been meaningless as the same would have resulted in irreparable loss and multiplicity of proceedings---Leave to contest the eviction petition granted to the tenant by the Trial Court would be meaningless if possession over the disputed shop was not restored to him---Appellate Court illegally and erroneously set aside the order of Trial Court---Petition was accepted and Trial Court's order setting aside ex parte eviction order was restored in circumstances.