2004 CLC 189 PESHAWAR-HIGH-COURT

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MUJEEBUR REHMAN VS ZAFAR ALI KHAN Cantonments Rent Restriction Act 1963--17 , Civil Procedure Code --Order XX of C.P.C. Judgement and Decree--5 , ----S. 17(2)---Civil Procedure Code (V of 1908), O.XX, R.5---Ejectment of tenant---Default in monthly rent---Proof---Solitary statement of landlord---Provisions of Civil Procedure Code, 1908---Applicability--Non-speaking order passed by Rent Controller---Ejectment application was accepted by the Rent Controller on the ground of default in monthly rent---Findings by Rent Controller on the issue of default were given in a single sentence and he did not discuss the accumulative effect of statement of the tenant where he had explained the reasons for non tendering of the rent---Validity---Such judgment was violative of O.XX, R.5, C.P.C.---Although the provisions of Civil Procedure Code, 1908, in stricto senso are not applicable to the rent cases yet such cases being judicial proceedings, the Rent Controller is under bounden duty to apply his mind judicially and record the judgment complete in all respects with all fairness and justice---Solitary statement of landlord that too with one sentence without any substantial documentary or oral evidence was not sufficient to draw conclusion in favour of landlord as there was no denial on the side of the tenant and there was no written agreement deed between the parties---Rent Controller had failed to exercise discretion in favour of the tenant---eviction order passed by the Rent Controller was set aside and ejectment petition of landlord was dismissed.