Law:

Section:

(a) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)--- ----Ss. 2(b), 13 & 16---Qanun-e-Shahadat (10 of 1984), Art. 161---Constitution of Pakistan, Art. 199---Constitutional petition---Maintainability---Ejectment pro­ceedings--Witness under examination---Question put to witness by Rent Controller to clarify ambiguity crept in his statement objected to by opposite party---Rent Controller had not passed any order on such question and had not done any act either illegal or without jurisdiction or without lawful authority---Such question could not be agitated in writ jurisdiction---High Court dismissed constitutional petition for being non-maintainable. (b) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)--- ----Ss. 2(b) & 16---Qanun-e-Shahadat (10 of 1984), Art. 161--Civil Procedure Code (V of 1908), S. 141---Powers of Rent Controller to put question to a witness under examination--- Scope--- Rent Controller being a Judicial Officer would not be supposed to sit as silent spectator while supervising proceedings, rather vested with all powers exercisable as a Judicial Officer---Rent Controller like a Judicial Officer of a court of civil jurisdiction in exercise of powers under provisions relating to production of evidence could put questions to a witness in order to satisfy its conscience, find out truth and clarify ambiguity crept in proceedings on account of his statement---Principles. Anwar Ahmad v. Mst. Nafis Bano through L.Rs. 2005 SCMR 152 and Hanif v. Ahmed Shah 2001 SCMR 581 rel. JUDGMENT SYED SAJJAD HASSAN SHAH, J.---This judgment shall dispose of the instant writ petition along with connected Writ Petitions Nos. 2895, 2896, 2897 and 2898 of 2010. 1. Petitioner Muhammad Naveed Sultan filed the instant writ petition seeking the following declaration:-- "On acceptance of this writ petition the Rent Controller, Peshawar question during the cross-examination of P.W.1 may please he declared without jurisdiction, illegal, against the law and may please he disallowed/rejected and against the rights of the petitioner." 2. The instant writ petition arising out of the proceedings pending trial before the learned Rent Controller filed by…

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