Law: West Pakistan Urban Rent Restriction Ordinance (VI of 1959)

Section: 13(2), 15

West Pakistan Urban Rent Restriction Ordinance (VI of 1959)   Ss. 13(2) & 15-Ejectment proceedings-Landlord filing two sepa rate applications for ejectment of two different tenants-Record of file showing evidence of one case recorded by Rent Controller being verbatim reproduction of evidence in other case-Fact as to in which case evidence first recorded not known-Respondent-tenants not afforded reasonable opportunity to defend ejectment application- Such trial of case, held, not in accordance with S. 13(2) and order of Additional District Judge's order setting aside orders passed by Rent Controller cannot be interfered with in circumstances of case. LINK1 LINK2   Malik Antan v. Haji Muhammad Tufail P L D 1976 Lab. 1446 rel. Nur Elahi v. State P L D 1966 S C 708 ref.     Date of hearing : 17th March 1980.                                                                                                                 JUDGMENT   This order shall dispose of the instant appeal (S. A. O. No. 270 of 1979) and as well as S. A. O. No. 271 of 1979.   2. The facts giving rise to these two appeals are that the appellant, Sheikh Abdul Hamid, owns two shops. One of these shops was let out by him to the respondent in the present appeal, namely, Hakim Abdul Wahid while the other was leased out by him to the respondent in the other appeal, namely, Muhammad Siddique. The appellant filed separate applications against them for their eviction from the said shops alleging that he had not been paid rent from November, 1976. The monthly, rent in each case was Rs. 60. It was plead ed by the respondent (tenant) in each case that he had tendered rent by means of money order but the same was not received by the appellant. On this, identical issues were framed in the two cases and the evidence recorded in one case was a verbatim copy of the evidence recorded in the other case.…