| Case ID |
3236a1b9-2771-4b66-a3af-5a91e1113338 |
| Body |
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| Case Number |
F.A.O. No. 66 of 2015 |
| Decision Date |
Oct 30, 2017 |
| Hearing Date |
Oct 20, 2017 |
| Decision |
The High Court partially allowed the first appeal and remanded the matter back to the learned Rent Controller with directions to provide full opportunity to the parties to produce their respective evidence. The Court recognized that the appellant was denied a fair chance to cross-examine witnesses and emphasized the importance of cross-examination as a fundamental right, as per Article 10-A of the Constitution. The judgment highlighted the significance of adhering to legal principles, particularly the maxim 'audi alteram partem', ensuring that both parties are heard before a decision is made. The Court noted that the closure of the appellant's right to cross-examine witnesses was arbitrary and violated procedural fairness. |
| Summary |
In the case of F.A.O. No. 66 of 2015, the Balochistan High Court addressed a dispute between a landlord and tenant regarding an eviction application filed by the landlord. The tenant, Jaffar Khan, contested the claim, asserting he had been wrongfully denied the opportunity to present his case. The Court emphasized the importance of the right to a fair trial and the necessity for cross-examination to ascertain the truth of the claims made by both parties. The Court's decision to remand the case for further proceedings underscores the judicial commitment to upholding due process and ensuring that all parties have a fair chance to present their evidence. This case is significant as it reinforces the legal principles surrounding tenant rights and the landlord-tenant relationship under the Balochistan Urban Rent Restriction Ordinance and the Constitution of Pakistan. |
| Court |
Balochistan High Court
|
| Entities Involved |
Not available
|
| Judges |
ABDULLAH BALOCH, JUSTICE
|
| Lawyers |
Mumtaz Hussain Baqri for Appellant,
Iqbal Ahmed Kasi and Inamullah Kakar for Respondent
|
| Petitioners |
JAFFAR KHAN
|
| Respondents |
SYED MOEAD AHMED
|
| Citations |
2018 SLD 632,
2018 MLD 355
|
| Other Citations |
Muhammad Shah v. The State 2010 SCMR 1009
|
| Laws Involved |
Qanun-e-Shahadat (10 of 1984),
Constitution of Pakistan, 1973,
Balochistan Urban Rent Restriction Ordinance (VI of 1959)
|
| Sections |
129,
10-A,
15
|