Law:

Section:

(a) Constitution or Pakistan (1973)- -- Art. 199 read with West Pakistan Urban Rent Restriction Ordinance (VI of 1959), Ss. 4, 10(3), 12, 13 & 15-Powers of Controller for summoning and enforcing attendance of witnesses and compelling production of evidence-Controller not bound in every case to follow procedure laid down in C. P. C.-Controller, while holding inquiry under any of provisions of Ordinance, not obliged to frame issues arising out of pleadings of parties but required to be satisfied with regard to bona fides or otherwise of landlord's claim in deciding his ejectment application on basis of material brought on record by parties without violating principle of natural justice-Ejectment application asking ejectment from disputed shop for own requirement of landlord and his son-Controller omitting to mention name of landlord's son in relevant issue-Order of District Judge passed in appeal in recasting such issue--Cannot be held to be wrong or erroneous but without jurisdiction and lawful authority-Assumption of jurisdiction on basis of material not available on record-Held, order thus passed being without lawful authority and amounting to abuse of process of Court liable to be set aside.-[Witness- Evidence]. LINK1 LINK2 Ghulam Mohyud Din and another v. Ch. Rehmat Ali Nagra P L D 1965 S C 459 rel. Muhammad Hussain Munir and others v. Sikandar and others P L D 1974 S C 139 ; Anwar Hussain Talukdar and another v. Province of East Pakistan and others P L D 1961 Dacca. 155 ; Dr. Mahboob Rabbani v. Government of West Pakistan P L D 1961 Lab. 53 ; Ramzan v. Rehabilitation Commissioner (Legal) and another P L D 1963 Lab. 461 ; N. S. Venkatagiriayyangar and another v. The Hindu Religious Endowments Board, Madras P L D 1949 P C 26 and Mst. Kaniz Fatima and 3 others v. Member (Revenue), Board of Revenue, Punjab, Lahore and S others P L D 1973 Lab. 495 ref. (b) Constitution of Pakistan (1973)- Art. 199 read with West Pakistan Urban Rent Restriction Ordi­nance (VI of 1959), S. 15-Writ-Adequacy of alternate remedy_-­To be judged in relation to requisite relief and with reference to a comparison of speed, expense or convenience of obtaining that relief through alternate…

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