Law:

Section:

"West Pakistan Urban Rent Restriction Ordinance (VI of 1959)--- ~: ----Ss.13 & 15---Qanun-e-Shahadat (10 of 1984), Arts.1(2) & 2(a)---Recording of evidence to determine questions in controversy in ejectment proceedings--­Applicability of provisions of Qanun-e-Shahadat to such proceedings and effect of non-recording of evidence---Dispute relating to payment/non-payment of rent---Such controversy would require framing of issue and determination of same after giving opportunity to parties to lead evidence ---Qanun-e-Shahadat, 1184, being in force when ejectment application was filed, provisions thereof, would be applicable in ejectment proceedings---Court of Rent Controller being a Special Tribunal constituted under law, and having been authorised to record evidence and determine rights of parties was bound to follow the bare minimum principles of recording of evidence to decide controversial issues---Appellate Court below, while accepting appeal of landlord had no lawful authority to pass order of ejectment straightway, without putting controversy regarding commission of default into issue and giving opportunity to parties to lead evidence in support of their respective claims---Case was remanded to Rent Controller for decision afresh after framing of issues arising out of pleadings of parties and giving them opportunity to lead evidence in support of their respective contentions. Malik Aman v. Haji Muhammad Tufail PLD 1976 Lah. 1446 ref. JUDGMENT Mst. Hamida Begum and others respondents in this appeal who are owners of property No.J/5-A/J/5-B situated opposite Liaqat Bagh Murree Road, Rawalpindi filed a petition for ejectment against M/s. Habib Bank Limited, their tenants on the ground of non-payment of rent w.e.f. Ist July, 1990 up to the date of filing of the petition at the rate of Rs.7,000 per month, failure to pay advance rent for the period of 3 years as per lease agreement dated 13-1-1991. Allegations of default in payment of rent are contained in paras. Nos.2 to 6 of the ejectment petition which are reproduced as under:-- This petition was contested by the respondents-appellants by filing of written statement, dated 21-7-1991. Commission of…

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