2025 SCMR 690 SUPREME-COURT

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ZAFAR IQBAL VS Syed RIAZ HUSSAIN SHAH Ss. 15 & 17---Qanun-e-Shahadat (10 of 1984), Arts. 17 & 79---Ejectment of tenant---Document---Proof---Provisions of Qanun-e-Shahadat, 1984---Applicability---Rent Tribunal dismissed ejectment application for failure of landlord to prove rent deed according to the provisions of Articles 17 and 79 of Qanun-e-Shahadat, 1984---Lower Appellate Court allowed appeal filed by landlord and passed eviction order but High Court maintained the order of Rent Tribunal---Validity---Distinction must be drawn between invoking and applying general principles of law of evidence codified in Qanun-e-Shahadat, 1984 and any special provisions enacted therein---While adjudicating upon civil rights and obligations in eviction proceedings, Rent Tribunal should invoke and apply only those general principles of law of evidence codified in Qanun-e-Shahadat, 1984 that are necessary to give effect to fundamental rights of parties under Article 10A of the Constitution---Rent Tribunal need not apply all principles or any special provisions enacted in Qanun-e-Shahadat, 1984---Such distinction is rooted in summary nature of rent proceedings, which are designed to resolve disputes expeditiously and without procedural formalities of regular civil trials---General principles of evidence, such as burden of proof, relevance of evidence, and right to cross-examine, must nevertheless apply to safeguard Constitutional right to a fair trial---Lower Appellate Court rightly accepted eviction petition filed by landlord---Rent Tribunal legally erred in law by dismissing the petition, and High Court similarly erred in restoring its decision---Supreme Court set aside judgment passed by High Court and upheld that of Lower Appellate Court, whereby respondent/tenant was evicted from the premises---Appeal was allowed.