MUHAMMAD ZUBAIR vs Mst — 2023 PLD 282 KARACHI-HIGH-COURT-SINDH

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MUHAMMAD ZUBAIR VS Mst. LUBNA IMRAN S. 15---Eviction of tenant---Fixation of the case, for a particular purpose (of evidence etc.), by the Reader of the Court---Legality---Stage of raising question of law---Scope---Rent Controller was on leave on one of the dates of hearing ('date-in-question') of rent-case and the Reader of the Court gave next date of hearing of the case for cross-examination of the respondent/landlady and her witnesses---On next date of hearing, Rent Controller debarred the petitioner from cross-examination and subsequently passed eviction order---Appellate Court maintained the findings passed by the Rent Controller---Contention of the petitioner/tenant was that on date-in-question, the Reader of the Court could not give next date for particular purpose (of cross-examination); and that the respondent/landlady and her witnesses were not present on (next) date and he was debarred from cross-examining them---Respondent/landlady contended that the plea that Reader could not give next date of hearing could not be agitated before the High Court as the same plea had not be raised earlier before the Appellate Court---Validity---Diary-sheet of the present case revealed that on the date-in-question the Rent Controller was on leave when the case was adjourned to the next date for the cross-examination of the respondent/landlady---However, on next date, only the counsel of the respondent/landlady was present and she and her witnesses were absent so said absence became relevant as they (respondent, her counsel and her witnesses) were present on the immediately preceding two dates before date-in-question---Contention of the petitioner/tenant regarding absence of respondent/landlady and her witnesses was correct---Admittedly on date-in-question, the next date of hearing for the cross-examination (of respondent/land lady and her witnesses) was given by the Reader and not by the Rent Controller himself---Said next date could not to be treated/deemed as a date fixed by the Rent Controller for cross-examination---Reader of the Court was not competent to fix the case for hearing or evidence, and he (Reader) could only give the next date for further proceedings---Reader ought to have simply given the next date for further proceedings; and, on next date, the Rent Controller ought to have himself given the next date for cross-examination, instead of taking up the case for cross-examination and debarring the petitioner/tent from cross-examining respondent/ landlady---Thus, not only the order given on date-in-question but all the subsequent orders were void---Objection of the respondent/landlady that plea of Petitioner/tenant that Reader could not give next date of hearing could not be urged before High Court was not sustainable as a ground involving a question of law could be raised at any stage---Impugned judgment and order passed by both the Courts below were set-aside, in circumstances---High Court remanded the matter to the Rent Controller for decision afresh from the stage of affording the petitioner/tenant opportunity to cross-examine the respondent/landlady and her witnesses---Constitutional petition was allowed in circumstances.

MUHAMMAD ZUBAIR vs Mst — 2023 PLD 282 KARACHI-HIGH-COURT-SINDH

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