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WAHID BAKHSH vs ACHAR Ss — 2021 CLC 1579 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation
2021 CLC 1579 QUETTA-HIGH-COURT-BALOCHISTAN
Court
Balochistan High Court
Year
2021
Reporter
CLC
Parties
WAHID BAKHSH vs ACHAR Ss
Subject matter
Rent

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

WAHID BAKHSH VS ACHAR Ss.13 & 15---Qanun-e-Shahadat (10 of 1984), Arts.72 & 78--- Ejectment of tenant--- Landlord and tenant, relationship of---Proof---Documentary evidence---Production and admissibility---Appellant was alleged to be tenant in demise premises against which ejectment order was passed on the basis of documents produced by respondent / landlord, whereas relationship of tenant and landlord was denied by the appellant/tenant---Validity---Producing of documents and proof of documents were two different subjects---Documents could be produced in evidence subject to proof as required under Art.78 of Qanun-e-Shahadat, 1984---Neither the person who signed the documents was examined nor it was proved through any other evidence to suggest that documents were issued by the person mentioned in the document---Documents which were relied upon by Rent Controller were not proved in accordance with law, therefore, the same could not be taken into consideration---High Court set aside the ejectment order which was based on the documents not part and parcel of record and due process of evidence was not adopted, resultantly matter was remanded to Rent Controller for decision afresh---Appeal was allowed accordingly.

Other judgments reported in 2021 CLC

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