2017 CLCN 131 LAHORE-HIGH-COURT-LAHORE

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Dr. SAJJAD NAZIR VS SPECIAL JUDGE RENT TRIBUNAL, LAHORE Ss. 15 & 19(4)---eviction of tenant---Submission of affidavits of witnesses along with eviction petition---Tenant contended that non-submission of affidavits while filing eviction petition had precluded the landlord to submit affidavits at belated stage---Validity---Record showed that landlord moved application immediately after framing of issues, seeking permission to submit affidavits in the evidence---In terms of subsection (4) of S. 19 of the Act, landlord had to submit his own affidavit as well as affidavits of his witnesses along with the eviction petition but it was not an inflexible rule rather it was rule of procedure to streamline the proceedings before the Tribunal in order to avoid unnecessary delay---Mere use of word "shall" used in a provision did not make the same mandatory in all eventualities---Unless some consequences of non-compliance of the provision were provided in the statute the same could not be termed as mandatory despite use of word "shall" in the same---Even the words "may" and "shall" were also interchangeable---Application moved by the landlord immediately after framing of issues did not cause any prejudice to the tenant---Object of inserting any provision of law in the statute was always to promote the ends of justice and no such provision could be used to stifle the rights of the parties on the basis of technicalities---Rent Tribunal had rightly accepted the application allowing the landlord to submit affidavits---Constitutional petition was dismissed in limine.