Law:

Section:

(a) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)-------S. 13---Eviction proceedings before Rent Controller ---Nature--­Recording of evidence---Principles---Such proceedings are not in stricto senso judicial that evidence should be recorded in the same manner as in a civil suit---Rent Controller being "persons designata" is required to satisfy himself about the ground in the ejectment petition and pass the orders in consonance with justice---Principal object behind all legal formalities is to safeguard the paramount interest of justice---Legal precepts are devised with a view to impart certainty, consistency and uniformity to the administration of justice to secure the same against arbitrariness, error of individual and mala fides. (b) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)--- ----S. 13---Eviction proceedings---Procedure to be followed by Rent Controller. Following are the guidelines to be followed by Rent Controller in eviction proceedings: -- (1) Affidavits of not more than two witnesses in support of the ejectment application shall be filed in the Court in addition to the affidavit of the petitioner himself in support of the contents of the ejectment petition. (2) While replying to the ejectment application the respondent shall be similarly required to submit his own affidavit, and affidavit of two other witnesses in support of his affidavit on the date fixed in the notice served upon him. (3) The parties shall be bound to produce their witnesses for purpose of their respective cross-examination on the day fixed by the Court. (4) A party obtaining affidavits of witnesses in support of his petition/reply would be bound to produce them in the Court for cross-examination and in case of its failure to do so its evidence shall be excluded from consideration. (5) Appeals against interim order of Rent Controller and resort to Constitutional jurisdiction against orders at intermediate stage arising out of the ejectment proceedings should be discouraged. (6) Court to take serious view of, the situation when witnesses for cross-examination in support of their affidavits deliberately avoid/ evade appearance in Court. (7) Adjournment…

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