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Second Appeal from Original Order No. 137 of 19:8, decided on 30th July, 1980.

‑‑ S. 2(b)‑Rent Controller‑Does not act as a Court‑Proceedings before Rent Controller‑Merely in form of an enquiry and Civil Procedure Code (V of 1908) and Evidence Act (I of 1872) not applicable in stricto senso.

‑‑ S. 13(2)(vi)‑Reconstruction‑Eviction of tenant‑Evidence Act (I of 1872) and Civil Procedure Code (V of 1908) being not in terms applicable to proceedings before Rent Controller, building plan being an authentic public document, held, could be rightly produced by landlord in his own statement.‑[Mian Taj Din v. Messrs Royal Engineering Works P L D 1967 Lah. 718 held not applicable].‑ [Evidence].

Mian Taj Din v. Messrs Royal Engineering Works P L D 1967 Lah. 718 held not applicable.

Mst. Akhtar Sultana v. Dr. Abdur Rauf Nagi P L D 1978 Lah. 347 Javaid Iqbal v. Rana Muzaffar Khan 1976 S C M R 229; Khadim Mohy‑ud Din and another v. Ch. Rehmat Ali Nagra and another P L D 1965 S C 459 and Bashir Hussain and another v. Sh. Muhammad Saeed and 1 others P L D 1976 Lah. 1095 ref.

---S. 13 (2)(vi)‑Costs‑Sanctioned plan duly exhibited by Rent Controller on payment of costs to counsel of other party‑No objec tion as to admissibility of document, held, could be raised after payment and receipt of costs‑Position, however, could be different if costs imposed by Controller not received by counsel concerned.

Ch. Muhammad Hussain for Appellants.

Ch. Muhammad Saeed for Respondent.

Date of hearing: 8th July, 1980.

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