2010 CLC 1601 LAHORE-HIGH-COURT-LAHORE

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SH. NIAZ AHMED VS UMER HAYAT KHAN KHARAL Constitution of Pakistan 1973--199 , Constitutional petition--TERM , Ejectment of Tenant--TERM , Punjab Rented Premises Ordinance 2007--22 , S. 22(vi)---Constitution of Pakistan (1973), Art.199---Constitutional petition---Ejectment of tenant--Non-filing of application for leave to contest---Effect---Landlord filed eviction petition before the Rent Controller---Tenant did not file application for leave to contest within 10-days of his appearance---Rent Controller ordered for eviction of the tenant---Appeal filed by tenant was also dismissed by Appellate Court---Tenant asserted that he had filed application for leave to contest within time but due to negligence of the diary branch his application was attached with the suit filed by him in respect of the same property---Validity---Contention of the tenant that application for leave to contest was filed with another suit for declaration in respect of the rented premises was misconceived---Rent Controller had provided a number of opportunities to the tenant but he had failed to file application for leave to contest within the prescribed period---Constitutional petition of tenant was dismissed in limine.