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1982 CLC 1388

MUMTAZ HUSSAIN vs Syed IPTIK14AR HUSSAIN SHAH AND 2 OTHER

Citation1982 CLC 1388
CourtLahore High Court
Case No.Writ petition No. 1987 of 1981
Date1982-01-16
Judge(s)Abaid Ullah Khan
ResultCase remanded

2. Unless the petitioner or his counsel in the ejectment case had given consent for reading of the evidence brought on the record of the civil suit in the ejectment case that evidence could not have been accepted as evidence in the ejectment case and the learned Rent Controller could not have based his decision thereon. The petitioner's counsel in the civil suit was not qualified to authorize the use of the evidence adduced in the civil suit in the ejectment case. In this view of the matter the learned Rent Controller's judgment would be taken to have been formulated on no legitimate evidence and, therefore, it as also the judgment of the learned Additional District Judge based thereon, cannot stand the test of scrutiny by this Court. The petition is accordingly accepted, the impugned judg--ments of the learned Rent Controller and the learned Additional District Judge are declared to be without lawful authority and of no legal effect. The case is remanded to the learned Rent Controller, Gujranwala, respon--dent 1, for fresh decision after receiving parties' evidence according to law. The learned Rent Controller will do well to give this case priority over other cases and dispose it of within two months. The parties have been directed to appear before him on the 30th January, 1982.

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