livelawpk.com - In a significant ruling, the Lahore High Court, Rawalpindi

Order of Additional Rent Controller Based on Inadmissible Evidence Set Aside by Lahore High Court

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Order of Additional Rent Controller Based on Inadmissible Evidence Set Aside by Lahore High Court

Islamabad 01-07-2024: In a significant ruling, the Lahore High Court, Rawalpindi Bench, has ordered the eviction of tenants from a property in Tariqabad, Rawalpindi, due to default in rent payment. The decision came in the case of “Ghulam Dastgir Siddiqui and others vs. Mst. Elizabeth and another” [F.A.O. No. 49 of 2017], presided over by Mr. Justice Mirza Viqas Rauf.

The appellants filed an appeal under Section 24 of the Cantonments Rent Restriction Act, 1963, challenging the order dated September 20, 2016, by the Additional Rent Controller, Chaklala Cantonment, which had dismissed their ejectment petition. The appellants sought the eviction of the respondents, from house No. 342/6, Rafi Road, Tariqabad, Rawalpindi, on grounds of personal bona fide need, default in rent payment, and damage to the property.

The Court upheld the respondents' claim that the rent was Rs. 1,200 per month, contrary to the appellants' assertion of Rs. 6,000 per month. However, the court found that the respondents had committed default in rent payment from January 2013, and dismissed their defense of timely payment.

The Court noted that while the appellants failed to establish their bona fide need for the property, the proven rent default was sufficient grounds for eviction. The Court emphasized adherence to principles of the Qanun-e-Shahadat Order, 1984, regarding evidence admissibility, criticizing the reliance on inadmissible evidence by the Additional Rent Controller.

As a result, the Court set aside the previous order and directed the respondents to vacate the premises within 30 days. The ruling highlights the legal obligation of tenants to adhere to rent agreements and the potential consequences of defaulting on payments.

This decision underscores the Court's commitment to upholding landlords' rights in cases of rent default while ensuring proper legal procedures are followed in evidence submission and assessment.