Law:

Section:

West Pakistan Urban Rent Restriction Ordinance (VI of 1959)--- ----S. 15 (6)---Civil Procedure Code (V of 1908), O.XXVI, R. 10 (3)--­Appeal---Report of Local Commissioner during pendency of appeal---Local Commissioner was examined by both the parties as to contents of his report--­Tenant filing objections to the report of Local Commissioner after his examination in Court---Appellate Court without disposing of such objections deciding appeal---Effect---Appellate Court without adverting to tenant's objections against the report of Local Commissioner could not have proceeded to rely upon the report of Local Commissioner---Case was remanded for decision afresh in accordance with law. JUDGMENT This judgment shall dispose of Writ Petitions Nos. 6326/91 and 6327/91, which arises under the similar circumstances involving the same questions.' 2. Both these petitions arise out of two separate applications for eviction filed by respondent No.1. against the two petitioners in these two petitions, seeking their eviction from the shops in their possession situated in Landa Bazar, Lahore. 3. In the written statement filed by the petitioners they denied the relationship of landlord and tenant between the parties. 4. The Rent Controller after framing the relevant issues recorded the evidence of the parties and dismissed these two petitions holding that there was no relationship of landlord and tenant between the parties 5.' On appeals filed by respondent No.1., however, the learned Additional District Judge reversed the findings of the Rent Controller and while accepting the appeals filed by respondent No.1., passed orders of ejectment against the two petitioners. These judgments of the Additional District Judge dated 5th June, 1991 are assailed in these petitions. 6. Mr. Maqbool Elahi Malik, learned counsel for the petitioners, in support of these petitions, has vehemently argued that the Additional District Judge while reversing the findings of the Rent Controller allowed respondent No.1. to produce additional evidence, but no such opportunity was granted to the petitioners despite the applications filed by them under Section 15(6) of the Ordinance, which were. rejected by…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492