Law:

Section:

(a) Cantonments Rent Restriction Act (XI of 1963)--- ----S. 24---Constitution of Pakistan (1973), Arts. 199 & 185 (3)---Leave to appeal was granted to examine that right of appeal being available which was adequate and efficacious remedy, whether Constitutional petition filed by respondents, as such was not maintainable. (b) Cantonments Rent Restriction Act (XI of 1963)--S. 24 [before amendment by Cantonments Rent Restriction (Amendment) Ordinance (IX of 1985)]---Constitution of Pakistan (1973), Art. 199--­Constitutional petition---Maintainability---Preliminary issue relating to existence of relationship of landlord and tenant decided by Rent Controller against tenants---Such order was amenable to appeal under S. 24, Cantonments Rent Restriction Art, 1963 before its amendment in 1985--­Tenants instead by filing appeal challenging validity of Rent Controller's order on preliminary issue by invoking Constitutional jurisdiction of High Court--­Competency---Where statute under which impugned order was made, itself provided remedy, High Court should be loath to bypass special statute and embark upon judicial review---Remedy of appeal being convenient, beneficial and effective, High Court should have refused to entertain Constitutional petition. (c) Qanun-e-Shahadat (10 of 1984)--- ----Art. 76---Constitution of Pakistan (1973), Art. 199---Production of secondary evidence---Such matter was to be properly adjudicated upon by Trial Court being within its jurisdiction---Exercise of such discretion unless found to be manifestly perverse and illegal, should not be interfered with by Appellate Court muchless to be set aside through judicial review.---[Evidence]. (d) Evidence Act (IV of 1872)--- ----S. 145---Non-compliance with requirement of S. 145, Evide4ce Act, 1872--­Effect---Party relying on previous statement of other party embodied in a document should put that document to him and give him opportunity to explain his position---Without complying with requirements of S. 145, Evidence Act, 1872, such previous statement could not be used as legal evidence. Sikandar Hayat and others v. Master Fazal Karim PLD 1971 SC 730 and State v. Habibur Rehman PLD 1983 SC 286 rel.…

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