2009 CLC 1334 LAHORE-HIGH-COURT-LAHORE

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FAZALUR REHMAN VS MUHAMMAD MUBASHIR Punjab Rented Premises Ordinance 2007--22 , S. 22(2)(6)---Leave to contest---Tenant failing to file application for leave to contest within stipulated time of ten days---Contention of the tenant, in application for condonation was that on account of the reasons given in the application for condonation sought on the equitable grounds as argued in the court, the lapse should be overlooked---Validity---Held, equity could not override the law and it had not been shown if the condonation of the delay could be granted to the tenant under any provisions of the Punjab Rented Premises Ordinance, 2007 nor it was established if S.5, Limitation Act, 1908 was applicable to the said Ordinance and could be availed by the tenant---Rent Tribunal, in the present case, after having ordered the ejectment of tenant, had framed the issues and proceeded to record the evidence of the parties---Validity---Rent Tribunal having passed final eviction order against the tenant, rendered itself functus officio and could not proceed any further.