2003 CLC 44 LAHORE-HIGH-COURT-LAHORE

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SARFRAZ AHMAD KHAN VS DISTRICT JUDGE, MULTAN West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959 ----S. 13---Constitution of Pakistani (1973), Art.199---Constitutional petition ---Ejectment of tenant---Striking off defence---Ex parte proceedings against tenant---Plea of non-service of summons and fraud--Tenant was represented by counsel in the proceedings and the counsel after obtaining four adjournments for filing reply to the petition defaulted in filing the same, whereafter defence of the tenant was struck off--Evidence of landlord was recorded in presence of the counsel of the tenant who did not cross-examine the witnesses, in spite of opportunity was provided to him for cross-examination---eviction order was passed by the Rent Controller and the same was maintained by the Appellate Court---Tenant contended that summons was not served on him and fraud was committed---Validity---If the counsel for tenant chose not to crossexamine the witnesses in spite of opportunity provided to him, no inference of fraud could have been drawn by the fact of not diligently conducting the case---Fact of not cross-examining the witness by a counsel did not lead to an inference or conclusion that fraud was committed by the opposite-party---Rent Controller had jurisdiction to decide ejectment petition under the West Pakistan Urban Rent Restriction Ordinance, 1959, and appeal against order of Rent Controller was provided under the law before the District Court---Tenant had himself invoked the appellate jurisdiction of District Judge, hence failing there it did not lie in his mouth to say that the order passed by the Appellate Court was without lawful authority---Orders passed by the Rent Controller and Appellate Court were not without jurisdiction or without lawful authority---Constitutional petition was dismissed in circumstances.