1989 PLP 162 (CLC)

Constitutional Petition No.59 of 1987, decided on 19th October, 1988. ‑‑‑Art.132‑‑Cross‑examination of witnesses‑‑Opportunity to cross examine respondent's witnesses admittedly having not been afforded to petitioner/ opposing party, High Court with consent of parties remanded case for disposal in accordance with law after allowing petitioner to cross‑examine witnesses and parties to lead additional evidence if they so desired. G . H . Malik for Petitioner. Usman Ghani Rashid for Respondents Date of hearing: 19th October, 1988. The petition is directed against the orders dated 13‑11‑1980 2‑8‑1982, 23‑4‑1983, 5‑11‑1983 and 23‑10‑1986, passed by the District Judge and Rent Controller Malir Cantonment, The facts leading to the filing of the above petition are that the respondent 3(a) to (g) filed Rent Case No.61 of 1974 against the petitioner before the respondent No.2 on the ground of default in payment of rent and subletting. The petitioner resisted the eviction application. The petitioner pleaded that there existed no relationship of landlord and tenant between the parties. The respondents examined Sheikh Abdul Kadir on 7‑8‑1980". On 22‑5‑1980 the respondents closed their side. The petitioner moved an application for allowing him to cross‑examine the above witness The Controller held that the application was not pressed. The Controller held that there existed relationship of landlord and tenant between the parties. I have heard Mr. G.H. Malik on 10‑10‑1988. The learned counsel for the petitioner contended that no opportunity was afforded to the petitioner to cross‑examine the respondents' witnesses. The case was adjourned to 19‑10‑1988. Mr. Usman Ghani learned counsel for the respondents has fairly conceded that no opportunity was afforded to the petitioner. Both the learned counsel for the parties jointly submitted that this is a fit case for remand. I think the request is just and A fair in the circumstances of the case. ‑ By consent the petition is allowed and the impugned orders are set aside. The rent case is remanded to the Controller of Rents Malir Cantonment, Karachi for disposal in accordance with law. The petitioner will be allowed to cross‑examine the witnesses PW.1. Shaikh Abdul Kadir and P. .2 Abdul Razzaq Shaikh, and the parties are allowed to lead additional evidence if they so desire on the point of relationship between the parties and also on merits of the case. The parties are directed to appear before the Controller on 2‑11‑1988. The learned Controller is directed to decide the rent case himself or transfer to the concerned Controller for deciding it in accordance with law within four months from 2‑11‑1988. In the circumstances of the case the parties will bear their own costs. H.B.T./B‑89/K Case remanded