Law:

Section:

(a) Civil Procedure Code (V of 1908)- 0. XIV, r. 1 and West Pakistan Urban Rent Restriction Ordinance (VI of 1959), S. 13-Issues, framing of-Tenants making no application for amendment of issue or for framing an additional issue during pendency of proceedings before Rent Controller-Objection raised subsequently by appellants in regard to form of issue drawn up by Rent Controller, held, too late. (b) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)- -- S. 13 read with Civil Procedure Code (V of 1908), O. XIV, r. 1Issues, framing of-While producing their evidence parties fully conscious of real controversy relating to rate of rent-No prejudice caused to any of parties by framing of issue or for not striking an additional issue in regard to rent charged by original owners of house-Non-framing of a specific issue relating to rate of rent paid by tenants-appellants to previous owners of disputed property, held, of no consequence. When the stage of evidence was reached it was the respondent who had first produced his evidence to prove that the appellants had been paying rent to former owners of property in dispute at the rate of Rs. 35 per mensem. During the course of examination of his witnesses, it was not objected by appellants that evidence being led by him was beyond the scope of the issue or the pleadings. After the respondent's evidence had concluded, the appellants produced evidence, in rebuttal, to show that they had been paying rent to the former owners of disputed house at the rate of Rs. 15 per mensem. It is, therefore, abundantly clear while producing their respective evidence, the parties were fully conscious of the real controversy relating to the rate of rent, namely whether monthly rental paid by appellants to previous owners was Rs. 35 or Rs. 15. Thus no prejudice was caused to any of the parties by framing of issue or for not striking an additional issue in regard to rent charged by the original owners of the house. In these circumstances, non-framing of a specific issue relating to rate of rent paid by appellants to previous owners of the disputed property, was of no consequence. (c) Civil Procedure Code (V of 1908)-. And West Pakistan…

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