| Citation(s) |
|---|
| 1995 SLG 1231 1995 SLD 1231 1995 CLC 1933 |
Lahore High Court
Writ Petition No. 2630 of 1982, decision dated: 2-07-1995
MIAN ALLAH NAWAZ, J
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Writ Petition No. 2630 of 1982, decision dated: 2-07-1995
MIAN ALLAH NAWAZ, J
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M. RAFIQUE MALIK
VS
Mst. SURRIYYA KHANUM and 4 others
Law:
Section:
(a) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)------Ss. 4, 10(3) & 12---Civil Procedure Code (V of 1908), OXVII, Rr. 2 & 3---Nature of proceedings before Rent Controller---Application of Civil Procedure Code, 1908---Extent---Rent Controller being not a Court, proceedings before it could not be deemed to be judicial in nature---Rent Controller was not bound by the provisions of OXVII, Rr. 2 & 3, C.P.C.--Rent Controller being master of his own procedure was, however, required to provide reasonable opportunity of hearing to .parties within parameters of reasonableness, fairness and equity---Such salutary principles would have to guide Rent Controller in exercise of his duties---Rent Controller in the case had not deflected from such principles; tenant was given eight opportunities to produce his evidence but he failed to do so and on last date of hearing he himself did not enter appearance---Rent Controller was thus, eminently correct in passing order in question, whereby he closed tenant's evidence---Such order neither suffered from any jurisdictional defect nor was vitiated by any violation of law apparent on the face of the record. Khadim Mohyuddins v. Rehmat Ali PLD 1965 SC 459; Ayub Khan v. Fazal Haq PLD 1976 SC 422; Muhammad Aslam v. Muhammad CLC 467; War Ahmad v. Begum Amir Ahmad Khan PLD 1982 Lah. 785 Abdul Qayyum v. Additional District Judge 1989 SCMR 1768 rel. Ali Muhammad v. Hussain Bakhsh PLD 1976 SC 37; Shahid Afzal v. Govt. of Pakistan PLD 1977 Lah. 117; Muhammad Shafi v. Shahzadi Bilquis PLD 1978 Lah. 1133 and Khadim Mohy-ud-Din v. Rehmat Ali PLD 1965 SC 459 ref. (b) West Pakistan Urban Rent Restriction Ordinance (VI of 1959) ----S. 13---Relationship of landlord and tenant---Denial---Effect---Tenant could not have disputed title of landlady without surrendering possession of rented premises to her---Tenant having occupied premises on the basis of rent note under landlady could not deny her title---Tenant could not take benefit of any controversy going in between landlady and City Development Authority. Province of Punjab v. Abdul Ghani PLD 1985 SC 1; Malik Wahid Bakhsh v. Mst. Fazal Bibi 1985 SCMR 1256; Muhammad Shah…
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