Law:

Section:

West Pakistan Urban Rent Restriction Ordinance (VI of 1959)--- ---- S. 13 --- Witnesses of tenant were in attendance on date fixed for recording evidence of tenant, but Rent Controller refused to record their statements on objection raised by landlord that no list of witnesses had been submitted by tenant --- Rent Controller, on no principle, could refuse to examine witnesses who were present --- Case was remanded to complete the proceedings and re-decide matter after recording evidence of tenant. JUDGMENT This petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 calls in question the judgment of the Addl. District Judge, Sialkot dated 21st February, 1983 upholding the order of the Rent Controller dated 9-7­1979 whereby petition under Section 13 of the Punjab Urban Rent Restriction Ordinance, 1959 filed by respondents 1 to 5, was accepted. 2. The dispute relates to property bearing No.224-T.C.S. Noor Kot, Shakargarh. An application under Section 13 of the Punjab Urban Rent Restriction Ordinance, 1989 was filed by respondents Nos.1 to 5 against the petitioners alleging that they were in possession of the property in question as tenants under them. In the written statement filed by the respondents they denied the relationship of landlord and tenant and pleaded that the property which was evacuee in nature had never been transferred to the petitioners but Dr. Fazal was the transferee of the property. The Rent Controller framed an issue as to the existence of relationship of landlord and tenant and recorded the evidence of respondents Nos.1 to 5. The case was fixed for 6th June, 1979 for recording the evidence of the petitioners. On that day, the witnesses of the petitioners were in attendance but an objection was raised by the learned counsel for respondents Nos.1 to 5 that as no list of witnesses has been submitted by the petitioners, the statement of the witnesses could not be recorded. This objection was upheld by the Rent Controller who observed, that respondents were not entitled to produce any evidence on account of failure to file list of witnesses. As a consequence of this order, the…

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