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

Section: 13(2),15

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

Section: 13(2),15

Law: Civil Procedure Code (V of 1908)

Section: O.XVII,R.3

(a) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)-------S. 13(2)---Civil Procedure Code (V of 1908), O.XVII, R.3---Constitution of Pakistan, Art.199---Constitutional petition---Ejectment---Tenant (petitioner) assailed order of Rent Controller, whereby, his defence was struck off due to non-production of evidence---Validity---Tenant sought repeated adjournments for cross-examination of witnesses and adopted dilatory tactics such as change of counsel and filing of miscellaneous applications---Tenant, despite numerous opportunities to produce evidence and in spite of two last warnings by the Rent Controller, did not produce evidence and the Rent Controller struck off defence of the tenant for non-production of evidence---"Reasonable opportunities" were, therefore, allowed to the tenant in terms of the provisions of section 13(2) of the West Pakistan Urban Rent Restriction Ordinance, 1959 and the Rent Controller could not wait for an indefinite period for the tenant to produce evidence more specifically when dispute between the landlord and tenant was required to be settled not only quickly but also in accordance with guidelines provided by the Supreme Court for curtailing the delay in the disposal of such cases---High Court observed that although the Rent Controller was not bound to follow the C.P.C., yet he substantially complied with the provisions of O.XVII, Rule 3 of the C.P.C. as the tenant despite warnings and a fine, did not produce evidence ---Constitutional petition was dismissed. Muhammad Aslam and others v. Muhammad Yousaf 1980 CLC 467; Messrs Nazir Muhammad and Brothers and others v. Islamic Republic of Pakistan 1990 CLC 729; Munawar Hussain v Additional District Judge Jehlum and 3 others 1998 SCMR 1067 rel. (b) Constitution of Pakistan--- ----Art. 199---Constitutional petition against interim order---Maintainability---When a statute did not provide an appeal against an interlocutory/interim order then the same could not be challenged by way of constitutional petition as allowing such an order to be impugned through a constitutional petition would amount to negating the provisions of the statute which did not provide for an appeal against…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492