Law: West Pakistan Urban Rent Restriction Ordinance 1959.

Section: 2 (c) (i)

West Pakistan Urban Rent Restriction Ordinance (VI of 1959)--- ----S. 2 (c) (i)---Constitution of Pakistan (1973), Art. 199---Landlord and tenant, relationship of---Default in payment of rent---Tenant had denied relationship of landlord and tenant between the parties---In earlier suit filed against landlord by his divorced wife in respect of the premises Rent Controller had appointed Local Commissioner whose report also incorporated statement of tenant and landlord---Tenant in his statement had admitted to be the tenant under the landlord and also that he had been paying rent to him and obtaining receipt of such payment---Rent Controller after recording evidence and examining record including report of Local Commissioner, accepted ejectment application of landlord---Appellate Court on appeal without taking into consideration report of Local Commissioner, set aside order of Rent Controller and found that execution of rent note was highly doubtful as according to landlord he remained out of the country for about 14 years and it was his sister who got document executed on his behalf---Appellate Court totally confined his attention to rent note and found that relationship of landlord and tenant did not exist between the parties---Report of Local Commissioner wherein relationship of landlord and tenant was admitted by tenant himself merited to be given serious consideration before adjudicating questions of relationship of landlord and tenant and of evidence---Order passed by Appellate Court in disregard and non-consideration of relevant material evidence, could not be said to have been passed with   lawful authority and thus was of no legal effect---High .Court in exercise of Constitutional jurisdiction, set aside order of Appellate Court and remanded case to be decided afresh according to law after considering entire evidence on record and hearing the parties. Qanun-e-Shahadat (10 of 1984)--- ----Art. 158---Document---Admissibility of---Document once admitted in evidence, could not be ruled out of consideration on subsequent objection to its admissibility. Muhammad Yasin Chughtai for Petitioner. Mian Sarfrazul Hassan for Respondents. Date of hearing: 10th…