SYED MANZOOR ALI SHAH, J. --- Brief facts are that the petitioner filed ejectment petition against respondent No. 1 on 22.12.2009. After notice, respondent No. 1 tendered appearance before the learned Rent Tribunal on 9.2.2010 when the case was posted for 23.2.2010. On the said date, respondent No. 1 failed to file leave to contest. Finally, respondent No. 1 filed leave to contest on 6.3.2010 after 25 days of the appearance of the respondent before the learned Rent Tribunal.
2. The contention of the petitioner is that leave to contest filed by the respondent could not have been entertained after the statutory period of 10 days from the date of the first appearance of respondent No. 1 before the learned Rent Tribunal as mandated under Section 22(2) of the Punjab Rented Premises Act, 2009.
3. Learned counsel for the respondent did not address the question of late filing of the leave to contest but submitted that he was not a tenant and also that a suit for specific performance is pending between the parties. When asked whether a leave to contest could have been entertained after 10 days from the date of appearance under Section 22(2) of the Act, the counsel had no answer.
4. Arguments heard. Record perused.
5. Section 22 of the Act is reproduced here for ready reference:--- "22. Leave to contest.-- (1) A Rent Tribunal shall not allow a respondent to defend the application unless he obtains leave to contest.
(2) Subject to this Act, a respondent shall file an application for leave to contest within ten days of his first appearance in the Rent Tribunal.
(3) An application for leave to contest shall be in the form of a written reply stating grounds on which the leave is sought and shall be accompanied by an affidavit of the respondent, copy of all relevant documents in his possession and, if desired, affidavits of not more than two witnesses.
(4) The Rent Tribunal shall not allow leave to contest to a respondent unless the application discloses sufficient grounds for production of oral evidence.
(5) The Rent Tribunal shall decide the application for leave to contest within a period of fifteen days from the date of its filing.
(6) If the leave to contest is refused or the respondent has failed to file application for leave to contest within the stipulated time, the Rent Tribunal shall pass the final order." (Emphasis supplied).
6. The above provision clearly provides that contest has to be filed within 10 days of the first appearance before the learned Rent Tribunal. Sub-section (6) above provides that in case the said leave to contest is not filed within the stipulated time, the learned Rent Tribunal shall pass the final order.
7. In the present case, respondent No. .1 tendered appearance, through his counsel before the learned Rent Tribunal on 9.2.2010 but filed the leave to contest before the said Tribunal on 6.3.2010 after a delay of 15 days (excluding the 10 days statutory period). No explanation has been given regarding the said delay in the application for leave to contest or even today by the counsel for respondent No. 1. This aspect of the matter has not been discussed by the learned Rent Tribunal in impugned order dated 5.4.2010.
8. Even otherwise the impugned order does not give any reason whatsoever for allowing the application for leave to contest. The impugned order simply states:--- "In the above-said facts, circumstances and reasons thereof the application [for] leave to defend is hereby accepted."
9. Section 22(2) of the Act is a mandatory provision as sub-section (6) of Section 22 provides for the passing of a final order in case the leave to contest is not filed in time. Leave to contest of the respondent No. 1 is, therefore, time-barred and cannot be entertained. The impugned order dated 5.4.2010 is, therefore, set aside. The learned Rent Tribunal, Gujranwala is directed to decide the ejectment petition of the petitioner in terms of Section 22(6) of the Act by passing a final order.
10. This writ petition is allowed in the above term.