Law: Qanun-e-Shahadat (10 of 1984)

Section: 84

Qanun-e-Shahadat (10 of 19134)--- ----Art. 84---Comparison of disputed signatures---Powers of Court---Article 84, is an enabling provision leaving it to discretion of Court to satisfy itself as to proof of handwriting or signatures in case any dispute is raised as to their genuineness---One of the modes for proving such handwriting or signature is by reference to a handwriting expert for comparison---Court is also empowered to compare disputed handwriting or signature with admitted signatures and then arrive at its own findings---Court is entitled to compare handwriting even if there is an opinion of expert on the subject---Such course, Court must adopt particularly when no opinion of expert is available before it---Mere fact that no request has been made to Court to compare disputed signatures with admitted signatures, would not justify such failure on part of Court to compare signatures itself. Tanveer Jamshed and another v. Raja Ghulam Haider 1986 CLC 456; Mst. Ummatul Waheed v. Ms. Nasira Kausar 1985 SCMR 214; Ali Ahmad alias Ali Ahmed Mia v. The State PLD 1962 SC 102 and S.M. Zahir v. Fazal Ali Ajmeri 1974 SCMR 490 ref. Muhammad Asar Hussain for Appellant. Akbar Khan Ghouri for Respondent. Date of hearing: 29th November, 1992. JUDGMENT The appellant in this case was the respondent's tenant occupying Flat No.6 in the building situated at Aram Bagh, Karachi at a monthly rent of Rs.130. He has been ordered to be ejected from the said premises by the learned XIIth Senior Civil Judge   and Assistant Sessions Judge and Rent Controller, Karachi by his order dated 13-2-1985. The application seeking ejectment of the appellant was filed by the respondent on the ground of non-payment of rent for the months of October, November, December, 1982 and January, 1983. The application was resisted by the appellant mainly on the ground that with the consent of the landlord he had incurred expenditure on repairs to the premises amounting to Rs.2,500 which the landlord had agreed in writing to adjust from the future monthly rent and consequently, no default had been committed by the respondent. It is also pertinent to point out that -vide application dated 21-3-1983,…