Law:

Section:

Provisional Constitution Order (1 of 1981)- Art. 9 read with West Pakistan Urban Rent Restriction Ordinance (VI of 1959), S. 13(2) (!)-Ejectment on ground of default in payment of rent-Statement of landlord recorded in absence of tenant proceeded against ex parte-Such ex parte proceedings subsequently set aside and thus landlord's statement getting washed away--Order of eject­ment passed by Controller on basis of such statement-Held, without jurisdiction and liable to be quashed. Mst. Lakshmi Devi v. Roongta . & Co. and others A I R 1962 All. 381 ; Phani Bhusan Mukherjee v. Phani Bhusan Mukherjee and others A I R 1957 Cal. 170 and Public Prosecutor v. Ramayya Mudaliar and others A I R 1928 Mad. 969 ref. Muhammad Hussain Munir and others v. Sikandar and others P L D 1974 S C 139 distinguished. JUDGMENT Respondent No. 1, Ghulam Muhammad, hereinafter referred to as the respondent, made an application against the petitioners, Taj Din and others, for their ejectment from a house. The application came up before a Rent Controller on 30th September, 1975 but as the petitioners did not enter appearance on the said date they were proceeded against ex parte. Thereafter, on.10th November, 1975, the learned Rent Controller recorded the respondent's statement as his own witness and passed an ejectment order against the petitioners. The petitioners made an application for setting aside the ex parte order of eviction. Their plea was accepted on 11th November, 1976 and the ex parte order passed against them was set aside. The petitioners then filed reply to the ejectment application whereafter necessary is3ues were framed by the learned Rent Controller. However, on 10th September, 1977, when the application came up before the learned Rent Controller for recording of evidence of the respondent (landlord), the petitioners failed to put in appearance and, therefore, ex parte proceedings were again ordered against them. Another application for setting aside the ex . parte proceedings was made by the petitioners but the same was dismissed on 20th November, 1977. According to learned counsel for the respondent, the said application was dismissed in default. It was further pointed…

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