Law:

Section:

Qanun-e-Shahadat (10 of 1984)--- ----Art. 129---Constitution of Pakistan, Art. 10-A---Balochistan Urban Rent Restriction Ordinance (VI of 1959), S.15---Ejectment petition---Right to cross-examination---Scope---Closure of right to produce evidence---Effect---Tenant contended that he was not given fair opportunity to lead evidence---Landlord submitted that tenant failed to cross-examine as well produce his own witnesses---Validity---Article 10-A of the Constitution guaranteed a valuable right to a party to challenge veracity of a witness---If opportunity of cross-examination was declined to the party, such evidence as a general rule was not legally admissible---Contesting parties must undergo test of cross-examination for ascertaining truth or otherwise of their claims failing which adverse assumption could be drawn against them under Art. 129 of Qanun-e-Shahadat, 1984---Maxim " audi alterm partem" would be applicable to the case of the tenant in circumstances---High Court remanded the matter with direction to provide full opportunity to the parties to produce their respective evidence---First appeal was partially allowed. Muhammad Shah v. The State 2010 SCMR 1009 ref. THIS JUDGMENT DELIVERED BY: ABDULLAH BALOCH, JUSTICE:---.--- This First appeal under Section 15 of the Balochistan Urban Rent Restriction Ordinance-VI of 1959, is directed against the judgment and decree dated 24th April, 2015 (hereinafter referred as, "the impugned judgment and decree")passed by the learned Civil Judge-III/ Rent Controller, Quetta (hereinafter referred as "the Rent Controller"), whereby accepted the application of respondent and directed the appellant to vacate the premises and hand over the vacant possession to the respondent. 2. Brief facts arising from the instant appeal are that the respondent instituted an eviction application against the appellant/tenant before the Rent Controller with the averments that the applicant owns a house/bungalow situated at VIP bungalows Jinnah Town, Quetta whereas, the appellant has been living in the said premises as a tenant since November, 2011. The applicant/respondent in his eviction application has further submitted that the applicant lent…

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