2025 YLR 657 QUETTA-HIGH-COURT-BALOCHISTAN

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Abdul Rauf Kasi VS Syed Niza-ud-Din Ss. 13 & 15---Ejectment of tenant---Sub-letting---Default in payment of monthly rent---Non-appearance for cross-examination---Effect---Appellant / landlord was aggrieved of dismissal of his application seeking ejectment of respondents / tenants---Validity---Respondent / tenant was statedly a subletee, who at no point of time during the course of eviction proceedings turned up to contest eviction application---Absence of respondent / subletee impliedly led to infer that he had no defence to offer and whatever appellant / landlord had pleaded was true---Respondent / actual tenant also did not appear before Rent Controller to face cross-examination despite availing several opportunities---Non-appearance for cross-examination by respondent / tenant demonstrated that he was reluctant to be tested through cross-examination and his affidavit on record was unworthy of consideration---Assertion of appellant / landlord went uncontested, with no other view that his claim was correct and worthy of credence---When contents of pleadings were not substantiated through evidence, more particularly through testimony of parties in lis, pleadings had no evidentiary value---High Court set aside order passed by Rent Controller and directed respondents / tenants to hand over vacant possession to appellant / landlord---Appeal was allowed, in circumstances.