Law:

Section:

Sindh Rented Premises Ordinance (XVII of 1979)------S. 15---Constitution of Pakistan (1973), Art.199---Constitutional petition---Ejectment proceedings---Tenant filed his written statement and thereafter landlord filed affidavit-in-evidence and he was cross-examined by counsel for the tenant---Tenant, during proceedings filed an application before Rent Controller with a prayer to discard/reject affidavit-in-evidence and dismiss ejectment application along with his affidavit-in-evidence---Rent Controller dismissed the application of tenant---Tenant/petitioner again filed application with a prayer to direct landlord to file fresh affidavit in evidence in order to rectify mistake, omission committed by him in order to remove irregularity from the legal proceedings for decision of the case on merits---Said application of tenant/petitioner also was dismissed by Rent Controller---Petitioner/ tenant filed constitutional petition against said two orders.---Validity---Whenever a party would state to be unaware of the contents of affidavit filed in judicial/quasi-judicial proceedings, benefit of such defect could be awarded to other party but same was to be so awarded at the appropriate stage of such proceedings of the case---Was not necessary for the Rent Controller to throttle further proceedings of ejectment application at such a stage of the case---Landlords were to be afforded due opportunity to produce other evidence in support of ejectment case, strictly in accordance with relevant provisions of law---No prejudice was caused to petitioner by impugned order as his rights in the case were yet to be adjudicated upon by Rent Controller according to law. Arshad Mubin for Petitioner. Nemo for Respondents. Date of haring: 7th April, 2006. JUDGMENT AZIZULLAH M. MEMON, J.---This constitutional petition is directed by the petitioner Muhammad Yaqoob (who is tenant/opponent) in Rent Case bearing No.357 of 2004 pending before the 5th Senior Civil Judge/Rent Controller, Karachi, Central against the orders respectively dated 17-12-2005 and 9-3-2006. Heard Mr. Arshad Mubin, Advocate for the petitioner. Facts giving rise to filing of this constitutional petition are to the effect…

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