2024 CLC 1776 LAHORE-HIGH-COURT-LAHORE

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GHULAM DASTGIR SIDDIQUI VS Mst. ELIZBETH Arts.70 & 89---Cantonments Rent Restrictions Act (XI of 1963), S.17---eviction proceedings---Qanun-e-Shahadat Order ( 10 of 1984), applicability of---Scope---Documentary evidence, relevancy / admissibility of---Receipt of monthly rent, tendering of---Scope---Receipt of rent was exhibited / brought on record through the statement of counsel of the tenants---Rent Controller , while relying on said exhibited receipt dismissed ejectment petition filed by the appellants / landlords---Validity---Record revealed that in order to rebut the stance (default in payment of rent ) of the appellants/ landlords , one of the respondents/tenants appeared as sole witness in support thereof; in addition, a rent receipt was made part of record by exhibiting the same---Adverting to the validity and authenticity of exhibited rent-receipt, it was noticed that same was brought on record through the statement of counsel and it was heavily relied by the Rent Controller, while deciding the issue against the appellants / landlords---For true import of the relevant provisions of the Qanun-e-Shahadat, 1984 dealing with the relevancy and admissibility of the documentary evidence, though rigors of the Qanun-e-Shahadat, 1984, cannot be pressed into service with full force in the proceedings before the Rent Controller but cardinal principles regulating the procedure for recording of evidence cannot be kept aside totally¬¬¬---Rent Controller founded his conclusion exclusively relying upon rent receipt-in-question which was not admissible at all and was only an anecdotal piece of evidence---Thus, the appellants / landlords remained successful in proving that the respondents / tenants committed default in payment of rent---High Court set aside the impugned order passed by the Rent Controller ; consequently , the ejectment petition stood accepted, and the respondents / tenants were directed to hand over the vacant possession of the rented-premises (house) to the appellants / landlord within thirty (30) days---Appeal, filed by the landlords, was allowed.