Application for leave to contest—Limitation

2015 MLD 1127 LAHORE-HIGH-COURT-LAHORE

Ss. 15, 21 (1) & 22 (6)—Constitution of Pakistan, Art. 199—Constitutional petition—Ejectment of Tenant —Application for leave to contest—Limitation—Tenant moved petition for leave to contest after prescribed period of ten days which was dismissed being beyond statutory period of limitation—Contention of Tenant was that no notice in terms of S.21(1) of Punjab Rented Premises Ordinance, 2007 was issued, and that notice should not only be in prescribed form but also accompanied by the copy of application and documents annexed with the same enabling the Tenant to file application for leave to contest within 10 days—Eviction petition was accepted concurrently—Validity—Rent Tribunal declined application for leave to defend being beyond the statutory period of limitation—Tenant neither challenged the said order at the relevant time nor when the final order was passed against him—Tenant had not raised any objection with regard to his non-service in the appeal in accordance with the provisions of S.21(1) of Punjab Rented Premises Ordinance, 2007—Tenant could not be allowed to raise such plea for the first time in constitutional petition—Tenant was barred to raise such objection after lapse of more than four years and nine months of passing the final Eviction order—Rent Tribunal was bound to pass final order in case of non-filing of application for leave to defend by the Tenant and was justified in passing of impugned order for Eviction which had rightly been maintained by the Appellate Court—No illegality or irregularity had been pointed out in the impugned orders—Constitutional petition was dismissed in circumstances.

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