Law:

Section:

(a) Sindh Rented Premises Ordinance (XVII of 1979)-------Ss. 2(f)(j) & 15(2)(ii)---Relationship of landlord and tenant---Default in. payment of rent---Tenant had denied relationship of landlord and tenant between the parties---Rent Controller formulated the issue in respect of existence of relationship of landlord and tenant between the parties and did not formulate issue with regard to default in payment of rent---Rent Controller in his order had discussed matter with regard to default in payment of rent though no issue was framed in that respect---Rent Controller despite framing issue with regard to relationship of landlord and tenant between the parties, did not discuss the said issue---Rent Controller not only had not formulated issue of default in payment of rent, but also had not taken into consideration entire facts of the case while deciding issue of relationship of landlord and tenant between the parties---Tenant had also not been given chance to cross-examine landlord and his witnesses---Judgment of Rent Controller was set aside and case was remanded to be decided afresh after giving full opportunity to the tenant for cross-examination of landlord and his witnesses---Rent Controller was also directed to give elaborate on the issue of relationship between the parties and also to give detailed findings on the issue of default in payment of rent. (b) Administration of justice- ---- Case has to be decided on merits and not on mere technicalities. JUDGMENT At the request and consent of the learned counsel for both the parties, I am deciding this F. R. A. at the stage of Katcha-Peshi. Present appellant has called in question the impugned judgment dated 21-7-2000 passed by VIth Rent Controller, Karachi, East in Rent Case No.850 of 1997 whereby the appellant has been directed to hand over the vacant possession of the demised premises within 90 days from the date of the impugned order, hence this appeal. Brief facts of the case are that the opponent/appellant had been lawful tenant of previous owner Mst. Zohra Jan on monthly rent of Rs.600 in respect of Shop No. 1 on ground floor. Khan Zaman Manzil, situated at Natha Khan Goth. Shah Faisal Colony No. 1,…

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