1982 SCMR 1197 SUPREME-COURT

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ZAKAUDDIN ALIAS BILLA VS MUHAMMAD ISMAIL Eviction proceedings--TERM , Oaths Act 1873--PREAMBLE , Special Oath--TERM , West Pakistan Urban Rent Restriction Ordinance 1959--13 , -- S. 13 (6) read with Oaths Act (X of 1873)-eviction proceedings Special Oath-Tenant offering to pay rent as claimed by landlord and also to be liable to ejectment if landlord took oath on Holy Qur'an regarding rent being due at rate claimed-Case adjourned to another date for oath taking-Tenant, however, before date fixed for oath taking withdrawing offer on ground of same having been made on misunderstanding-Landlord bringing Holy Qur'an on appointed date, taking oath on Holy Qur'an affirming rent being due at rate claimed Rent Controller passing order for ejectment-Contended that Oaths Act, 1873 having not been applicable to proceedings before Rent Controller and full compliance having not been made with its provisions and petitioner-tenant having withdrawn offer before actual taking of oath, normal course of inquiry should have been adopted by Rent Controller Held : Matter within discretion of Rent Controller to .permit such type of withdrawal or to refuse permission-Rent