| Citation(s) |
|---|
| 1958 SLG 4042 = 1958 SLD 4042 = 1958 PLD 42 |
WEST PAKISTAN, KARACHI
Writ Petition No. 93 of 1957, decided on 10th October
Presented By: WAHIDUDDIN, J.
(1952) 2 All England Law Reports 102 ref. S. Y. Khawaja for Petitioner. Sikander Beg Mirza, A. A. G. for
Respondent No. 1. Z. C. halliani for
Respondent No. 2 (absent). Riaz Ahmed for
Respondent No. 3
Writ Petition No. 93 of 1957, decided on 10th October
Presented By: WAHIDUDDIN, J.
(1952) 2 All England Law Reports 102 ref. S. Y. Khawaja for Petitioner. Sikander Beg Mirza, A. A. G. for
Respondent No. 1. Z. C. halliani for
Respondent No. 2 (absent). Riaz Ahmed for
Respondent No. 3
AHMED-Petitioner
VERSUS
(1) CHIEF JUDGE, KARACHI SMALL CAUSES COURT (exercising Revisional Powers under S. 15 of the Karachi Rent Restriction Act 1953 ; (2) RENT CONTROLLER and (3) KAZI NOOR MUHAMMAD-----Respondents
Law: Karachi Rent Restriction Act (VIII of 1953)
Section: 15(1)(5),10,10(2)(b)
Karachi Rent Restriction Act (VIII of 1953), S. 15(1)(5)-Powers of Revisional Authority. Do not include powers of local inspection of premises-Principle of natural justice cannot be extended to include power of local inspection --Local inspection meant for understanding, not to replace, evidence Held, that the Revisional Authority under the Karachi Rent Restriction Act is a special tribunal created for the purposes of the Act and does not possess any inherent power as the Courts of law possess to do the right and to undo a wrong in the course of administration of justice In order to find out what are the powers of the Revisional Authority one has to look to the statute itself and if no power of inspection is conferred oil it, it cannot be deemed to exist under the principle of Ex Debito Justitiae. The Karachi Rent Restriction Act gives no such power to the Revisional Authority, and there is nothing to find that any such power vests in the Revisional Authority outside that enactment. Further, that the principle of natural justice cannot be extended to the power of local inspection. The very fact that the right of local inspection was con ferred on the Rent Controller by section 19 and not conferred on the Revisional Authority, showed that the Legislature did not consider it necessary to give this power to the Revisional Authority. The power of local inspection is meant for understanding the evidence. Courts of law are not to make the result of inspection the foundation of their judgment which must be based upon evidence adduced by the parties and it does not entitle the Judges to put their views obtained by means of such inspection in place of evidence. The inspection is made for the purpose of better following and understanding the evidence adduced before them or to test its accuracy. Abdul Baqi v. M. Fakhrul Islam and others A I R 1937 Pat. 333 ; Ram Chandra Rao v. Babu Narayan Lai and Babu. Nanhu Lai XXVII I L R Pat. 554 at p. 569; 58 I C 909 ; Amrat lal and others v. Land Acquisition Officer, Ahmedabad A I R 1945 Bom. 302 at p. 305 and Rai Chandra Banik and others v. Iswar Chandra Banik and others…