| Citation(s) |
|---|
| 2001 SLG 3034 = 2001 SLD 3034 = 2001 YLR 169 |
Court of Special Judge, Karachi
First Rent Appeal No.1476 of 2000, decided on 9th April, 2001.
Presented By: Faiz Muhammad Qureshi, J
Khurshid Ahmed Qureshi for Appellant. Haseebur Rehman for
Respondent
First Rent Appeal No.1476 of 2000, decided on 9th April, 2001.
Presented By: Faiz Muhammad Qureshi, J
Khurshid Ahmed Qureshi for Appellant. Haseebur Rehman for
Respondent
V. H. PAGE‑‑‑Appellant
VERSUS
Mst. RUTHANN BIG‑‑‑Respondent
Law: Sindh Rented Premises Ordinance (XVU of 1979)
Section: 15, 19
Sindh Rented Premises Ordinance (XVII of 1979) Ss. 15 & 19‑‑‑Ejectment proceedings‑‑ Attorney of landlady who filed his affidavit‑in‑evidence had come for cross‑examination 12 days after from filing his affidavit and he neither was sworn in Court nor any oath was administered to hint‑‑‑Evidence of attorney of landlady having not been legally recorded, order of ejectment passed against tenant was set aside and case was remanded to the Rent Controller to record proper legal evidence and to pass appropriate order. Adam Limited, Karachi v. Arif 1998 CLC 989 ref. Date of hearing: 9th April, 2001 JUDGMENT The present appellant has called in question the judgment, dated 29‑9‑2000, passed by Rent Controller, Karachi East, in Rent Case No.109 of 2000, whereby the appellant has been directed to hand over vacant and peaceful possession of the demised premises to the respondent/landlady within sixty days from the date of the impugned order. Hence, this appeal. 2. The respondent/landlady has sought ejectment of the appellant/tenant on the grounds of requirement for personal bona fide use and wilful default in payment of rent from October, 1999 till the filing of the Rent Case. Notice of the Rent case was served upon the appellant/tenant, who filed written statement and denied the allegations. 3. Affidavit‑in‑evidence of the attorney of the respondent/landlady, namely Ghulam Dastagir was filed on 12‑5‑2000, who has been subjected to cross‑examination by the counsel for the appellant/tenant. The appellant/tenant has also filed his affidavit‑in evidence and has been subjected to cross examination by the counsel for the respondent/landlady. 4. The…