2017 YLRN 334 KARACHI-HIGH-COURT-SINDH

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MUHAMMAD YOUSUF VS Mst. RASHIDA BEGUM S.15---Oaths Act (X of 1873) ,S. 13---eviction of tenant---Administration of oath by witness---Scope---Tenant/ petitioner contended that Rent Controller used evidence of one case into other case which was illegal---Tenant further submitted that the deposition form was silent about administrating the oath---Landlord/respondent contended that Rent Controller administered the oath but he overlooked to mention the same in disposition form and there was no illegality using evidence of one case into the other which were identical in nature---Validity---Record showed that nothing was mentioned about administering of oath to the witness entered into the witness box; it was a usual practice in the Trial Court that as soon as a witness entered in the witness box, an official of court would administer prescribed oath to the witness in the presence of Presiding Officer; such was a routine practice, therefore, the strong presumption was attached to the proceedings before Rent Controller that the oath was accordingly administered---Even if it was considered that the witness had not taken oath, even then it would not depreciate or nullify the evidence recorded before Rent Controller---According to the provisions of Oaths Act, 1873, it was obligatory for a court or a tribunal to administer oath to a witness before recording his evidence; however, the sanctity of evidence, recorded without the oath, was not shaken as provided under S.13 of Oaths Act, 1873---If witness, for any reason, was examined without administering the oath, evidence of the witness would remain admissible under the law---Witnesses, in the present case, had appeared for evidence on various dates in different cases decided by Trial Court---Evidence recorded was not identical but as the cases were similar in nature, therefore, crux of evidence might be the same but not the words---Besides, no such objection was raised by the tenant before Rent Controller or appellate forum---Constitutional petition was dismissed accordingly.