| Case ID |
3ca2b8d0-d066-4917-9367-f08d6dee91b2 |
| Body |
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| Case Number |
S. A. O. No. 270 of 1979 |
| Decision Date |
Apr 14, 1980 |
| Hearing Date |
Mar 17, 1980 |
| Decision |
The Lahore High Court found that the trial of the case was not conducted in accordance with the law, particularly concerning the rights of the tenants to cross-examine witnesses and present their own evidence. The court emphasized that the procedure adopted by the Rent Controller, which involved copying evidence from one case to another, was illegal and violated the principles of natural justice. As a result, the appeals were accepted, the orders of eviction were set aside, and the cases were remanded for re-trial. The court highlighted that all parties must be given a reasonable opportunity to defend against eviction applications, as mandated by the relevant sections of the law. |
| Summary |
In the case of Sheikh Abdul Hamid vs. Muhammad Siddique, the Lahore High Court addressed significant procedural issues regarding eviction proceedings under the West Pakistan Urban Rent Restriction Ordinance. The court ruled that the Rent Controller's method of recording evidence—where evidence from one tenant's case was verbatim copied into another's—was fundamentally flawed and prejudicial. The court underscored the necessity of allowing tenants to cross-examine witnesses and present their own defenses, thereby ensuring adherence to legal standards and principles of natural justice. The decision emphasizes the importance of proper legal procedures in rental disputes, ensuring that tenants are afforded all their rights during eviction proceedings. This case serves as a crucial reference for similar eviction cases, reiterating the need for fair trials and the proper application of law in landlord-tenant disputes. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD ILYAS, J
|
| Lawyers |
Rashid Murtaza Qureshi,
S. M. Nasim
|
| Petitioners |
Sheikh ABDUL HAMID
|
| Respondents |
MUHAMMAD SIDDIQUE
|
| Citations |
1981 SLD 1435,
1981 PLD 42
|
| Other Citations |
Malik Antan v. Haji Muhammad Tufail P L D 1976 Lab. 1446,
Nur Elahi v. State P L D 1966 S C 708,
Jainab Bibi Saheba v. Hyderally Sahib and 3 others I L R 43 Mad. 609,
Ahsanul Haq, etc. v. Abdul Rahim 1979 S C M R 338,
Muhammad Younis v. State P L D 1953 Lab. 321,
Abdul Wahid v. State 1968 P Cr. L J 776,
Qilandar Khan v. State P L D 1971 Pesh. 119,
Alam Sher and 4 others v. The State 1977 P Cr. L 1 1078
|
| Laws Involved |
West Pakistan Urban Rent Restriction Ordinance, 1959
|
| Sections |
13(2),
15
|