— Ss. 19 & 25 — Recording of evidence — Failure to submit all relevant documents in possession of landlord at initial stage — Effect — Scope — The ejectment petition was filed in 2019 — After the grant of leave, the respondent/landlord completed the oral evidence process, and his counsel gave a statement to close it — When the case was scheduled for documentary evidence submission, an application was filed to introduce several documents not initially appended with the petition — Some documents were permitted without objection by the petitioner/tenant, except for the voice recording — The rent tribunal allowed the voice recording based on Article 164 of the Qanoon-e-Shahadat Order, 1984 — The application for production of additional evidence had failed to specify the recording date or provide reasons for not submitting it initially — Rent tribunal had not considered the reasons for non-compliance with the law or the delay in presenting the evidence — Consequently, the order permitting the voice recording was set aside. [2024 CLS 29 = 2024 CLC 230 = 2023 LHC 3949]

— Ss. 19, 22, 25 & 27 — Legislative intent for efficient resolution of landlord-tenant disputes and procedural adherence in Rent Tribunal proceedings — Scope — The legislature has intended that in order to resolve dispute of landlords and tenants in quick, expeditious and cost-effective manners the litigants should provide copies of all documents in their possession that they want to rely upon, at initial stage, by appending them with ejectment petition or leave petition, as the case may be — The pleadings are required to be accompanied by affidavits of witnesses and if the leave is granted the affidavits can be treated as examination-in-chief — The legislature has provided time limitation of ten days to file leave application from the date of first appearance of the defender before the rent tribunals — Time period is provided to complete almost every step of the proceedings and then in section 27 it is expected from rent tribunals to dispose of such cases as expeditiously as possible — Any inadvertent defect in following the aforesaid provisions can be cured exceptionally, when explanation is available to the satisfaction of the rent tribunals, which can give permission in compelling needs to safeguard the interest of justice that too after recording reasons for grant of such permission — The litigant to proceeding under the Act are not allowed to adduce evidence in non-adherence of above reproduced provisions, as a right or matter of course or in routine. [2024 CLS 29 = 2024 CLC 230 = 2023 LHC 3949]

— Ss. 19, 22, 25 & 27 — Legislative intent for efficient resolution of landlord-tenant disputes and procedural adherence in Rent Tribunal proceedings — Scope — The legislature has intended that in order to resolve dispute of landlords and tenants in quick, expeditious and cost-effective manners the litigants should provide copies of all documents in their possession that they want to rely upon, at initial stage, by appending them with ejectment petition or leave petition, as the case may be — The pleadings are required to be accompanied by affidavits of witnesses and if the leave is granted the affidavits can be treated as examination-in-chief — The legislature has provided time limitation of ten days to file leave application from the date of first appearance of the defender before the rent tribunals — Time period is provided to complete almost every step of the proceedings and then in section 27 it is expected from rent tribunals to dispose of such cases as expeditiously as possible — Any inadvertent defect in following the aforesaid provisions can be cured exceptionally, when explanation is available to the satisfaction of the rent tribunals, which can give permission in compelling needs to safeguard the interest of justice that too after recording reasons for grant of such permission — The litigant to proceeding under the Act are not allowed to adduce evidence in non-adherence of above reproduced provisions, as a right or matter of course or in routine. [2024 CLS 29 = 2024 CLC 230 = 2023 LHC 3949]

— Ss. 19 & 25 — Recording of evidence — Failure to submit all relevant documents in possession of landlord at initial stage — Effect — Scope — The ejectment petition was filed in 2019 — After the grant of leave, the respondent/landlord completed the oral evidence process, and his counsel gave a statement to close it — When the case was scheduled for documentary evidence submission, an application was filed to introduce several documents not initially appended with the petition — Some documents were permitted without objection by the petitioner/tenant, except for the voice recording — The rent tribunal allowed the voice recording based on Article 164 of the Qanoon-e-Shahadat Order, 1984 — The application for production of additional evidence had failed to specify the recording date or provide reasons for not submitting it initially — Rent tribunal had not considered the reasons for non-compliance with the law or the delay in presenting the evidence — Consequently, the order permitting the voice recording was set aside. [2024 CLS 29 = 2024 CLC 230 = 2023 LHC 3949]

— Ss. 19, 22, 25 & 27 — Legislative intent for efficient resolution of landlord-tenant disputes and procedural adherence in Rent Tribunal proceedings — Scope — The legislature has intended that in order to resolve dispute of landlords and tenants in quick, expeditious and cost-effective manners the litigants should provide copies of all documents in their possession that they want to rely upon, at initial stage, by appending them with ejectment petition or leave petition, as the case may be — The pleadings are required to be accompanied by affidavits of witnesses and if the leave is granted the affidavits can be treated as examination-in-chief — The legislature has provided time limitation of ten days to file leave application from the date of first appearance of the defender before the rent tribunals — Time period is provided to complete almost every step of the proceedings and then in section 27 it is expected from rent tribunals to dispose of such cases as expeditiously as possible — Any inadvertent defect in following the aforesaid provisions can be cured exceptionally, when explanation is available to the satisfaction of the rent tribunals, which can give permission in compelling needs to safeguard the interest of justice that too after recording reasons for grant of such permission — The litigant to proceeding under the Act are not allowed to adduce evidence in non-adherence of above reproduced provisions, as a right or matter of course or in routine. [2024 CLS 29 = 2024 CLC 230 = 2023 LHC 3949]

— Ss. 19, 22, 25 & 27 — Legislative intent for efficient resolution of landlord-tenant disputes and procedural adherence in Rent Tribunal proceedings — Scope — The legislature has intended that in order to resolve dispute of landlords and tenants in quick, expeditious and cost-effective manners the litigants should provide copies of all documents in their possession that they want to rely upon, at initial stage, by appending them with ejectment petition or leave petition, as the case may be — The pleadings are required to be accompanied by affidavits of witnesses and if the leave is granted the affidavits can be treated as examination-in-chief — The legislature has provided time limitation of ten days to file leave application from the date of first appearance of the defender before the rent tribunals — Time period is provided to complete almost every step of the proceedings and then in section 27 it is expected from rent tribunals to dispose of such cases as expeditiously as possible — Any inadvertent defect in following the aforesaid provisions can be cured exceptionally, when explanation is available to the satisfaction of the rent tribunals, which can give permission in compelling needs to safeguard the interest of justice that too after recording reasons for grant of such permission — The litigant to proceeding under the Act are not allowed to adduce evidence in non-adherence of above reproduced provisions, as a right or matter of course or in routine. [2024 CLS 29 = 2024 CLC 230 = 2023 LHC 3949]

— S. 34 — Provisions of Qanun-e-Shahadat Order and Code of Civil Procedure not to apply — Scope — Section 34 cannot be interpreted as ousting the equitable principles regulating procedure of the proceedings and the rent tribunals can invoke such principles in interest of fairness and justice. [2024 CLS 29 = 2024 CLC 230 = 2023 LHC 3949]