Law:

Section:

(a) Administration of justice------------Every case is to be seen on its own facts and circumstances. (b) Cantonments Rent Restriction Act (XI of 1963)----- ----S. 17(2)---Civil Procedure Code (V of 1908), O.XX, R.5---Ejectment of tenant---Default in monthly rent---Proof---Solitary statement of landlord---Provisions of Civil Procedure Code, 1908---Applicability--­Non-speaking order passed by Rent Controller---Ejectment application was accepted by the Rent Controller on the ground of default in monthly rent---Findings by Rent Controller on the issue of default were given in a single sentence and he did not discuss the accumulative effect of statement of the tenant where he had explained the reasons for non­ tendering of the rent---Validity---Such was violative of O.XX, R.5, C.P.C.---Although the provisions of Civil Procedure Code, 1908, in stricto senso are not applicable to the rent cases yet such cases being judicial proceedings, the Rent Controller is under bounden duty to apply his mind judicially and record the complete in all respects with all fairness and justice---Solitary statement of landlord that too with one sentence without any substantial documentary or oral evidence was not sufficient to draw conclusion in favour of landlord as there was no denial on the side of the tenant and there was no written agreement deed between the parties---Rent Controller had failed to exercise discretion in favour of the tenant---Eviction order passed by the Rent Controller was set aside and ejectment petition of landlord was dismissed. 1999 SCMR 20; 1971 SCMR 598; 1975 SCMR 355; 1980 SCMR 506; 1984 CLC 393; 1998 CLC 105,4; 1997 CLC 1531; PLD 1983 Kar. 196 and PLD 1989 SC 32 distinguished. (c) Cantonments Rent Restriction Act (XI of 1963)--- ----S. 17(2)---Ejectment of tenant---Default in monthly rent---Burden to prove---Shifting of onus---Principle---Burden is on landlord to prove the issue of default---Where landlord successfully discharges his burden then the same is to be shifted to the tenant---Allegation of landlord about default becomes doubtful, if there is unexplained silence by the landlord in respect of payment of rent---Benefit of such doubt always goes to…

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