' ABDUL SHAKOOR PARACHA, J.---Muhammad Safdar, petitioner, through this constitutional petition has assailed the order dated 6-10-2008, passed by the Rent Controller/learned Civil Judge, 1st Class, Ahmadpur East, Bahawalpur, through which the application, filed by the petitioner/plaintiff under section 22(6) of the Punjab Rented Premises Ordinance, 2007 for passing the final order upon the Ejectment petition on the ground that respondent/defendant has failed to move the application under section 22(2) of the Punjab Rented Premises Ordinance, 2007, for leave to contest within stipulated time of 10 days from his first appearance before the Tribunal, has been dismissed.
2. The brief facts of the case are that the petitioner/plaintiff filed an application for ejectment against the respondent No,2 before the Rent Controller/learned Civil Judge, Ahmadpur East Bahawalpur on 19-5-2008 on the basis of Rent Agreement dated 13-2-2008. The notice was issued to the respondent No,2. After service of the notice, the respondent/defendant appeared through his counsel and the case was adjourned for 21-6-2008 and thereafter to 3-7-2008. On 5-7-2008, Javaid Iqbal/ respondent No,2 filed an application seeking permission for leave to contest along with application for condonation of delay and extension of time. The petitioner also filed an application under section 22(6) ibid on 23-6-2008 for passing final order as the respondent defendant did not apply for leave to contest within 10 days from his first appearance before the Tribunal. The application of the petitioner/plaintiff was rejected and the application of the respondent/defendant for leave to contest was allowed. The application for condonation of the delay was also accepted by observing that order for ejectment cannot be passed in favour of the petitioner/plaintiff, who has not established his right of ownership over the disputed property as yet.
3. The learned counsel for the petitioner/plaintiff contends that by virtue of section 22(2) read with section 22(6) ibid, the learned Rent Controller was bound to pass a final order in the ejectment petition on the failure of tenant/respondent in filing the application for leave to contest.
4. Conversely, the learned counsel for the respondent/defendant opposed the petition while contending that relation of the landlord and the tenant is denied, therefore, the application for leave to contest has rightly been granted after condoning the application of the respondent/defendant.
5. I have heard the arguments of the parties and perused the record.
6. To resolve the controversy, sections 22(2) and 22(6) ibid are produced which are as under:--- Subject to this Ordinance, a respondent shall file an application for leave to contest within ten days of his first appearance in the Rent Tribunal'
"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".
7. The plain reading of section 22(2) ibid reveals that it was obligatory for the respondent/defendant to file the application for leave to contest within ten days of his first appearance before the learned Rent Controller. The penalty has been provided in sub para.6 of section 22 ibid which says that 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. In the instant case, admittedly, the respondent defendant did not file application for leave to contest within ten days; therefore there was no jurisdiction with the Rent Controller to accept the application of the respondent for leave to contest which was not within the time and for passing the final order on the ejectment petition of the petitioner/plaintiff was mandatory. The learned Rent Tribunal has not exercised the jurisdiction vested in it.
8. For what has been discussed above, the order dated 6-10-2008 is declared illegal which was without lawful authority. The learned Rent Tribunal is directed to pass the final order in the ejectment petition of the petitioner/plaintiff. This order may be sent to the learned Rent Controller concerned. Disposed of as such.