Law: West Pakistan Urban Rent Restriction Ordinance (VI of 1959)

Section: 13

Law: West Pakistan Urban Rent Restriction Ordinance (VI of 1959)

Section: 13

West Pakistan Urban Rent Restriction Ordinance (VI of 1959)-------S. 13---Qanun-e-Shahadat (10 of 1984) Art.78---Ejectment of tenant by Bank---Filing of ejectment proceeding against a tenant by the Bank as not a matter covered by day to day routine business of the Branch of Bank and if any objection in such a case was raised about the competency of the officer of the Bank instituting ejectment proceeding against a tenant of the Bank, burden fell upon the Bank to establish that the ejectment proceeding was authorized by the Bank in that behalf---If the burden was not discharged then the ejectment petition was not maintainable---In the present case, examination of the statement of the person who instituted the ejectment petition did not show that he was authorized by the Bank by an instrument to lodge proceedings against its tenant; he did not tender original documents in this behalf, so that he could be subjected to cross-examination by the counsel of the tenant to check the validity of authorization---Ejectment petition, also did not mention that person filing the same had been duly authorized by the Bank in that behalf nor he had referred to any power-of-attorney executed in his favour in the petition---Such documents could not be exhibited in the statement of the counsel for the Bank but were required to be tendered in the statement of person instituting the proceedings where its admissibility and relevancy was to be determined by the court as well, after providing opportunity of cross-examination of the witness---Tenant, to such extent, had been condemned unheard as all such exercise was done illegally at his back---Rent Controller, before keeping said documents on the file was duty bound to see that the documents were yet to be proved through evidence and could not be exhibited without formal proof---person instituting the petition, in circumstances, was not competent to file the same on behalf of the Bank as such, ejectment petition was not maintainable---All the proceedings taken therein were of no significance and were without jurisdiction. Habib Bank Limited v. Zelins Limited and another 2000 SCMR 472 fol. Messrs A.M. Industrial Corporation Limited v.…

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