Law: Sindh Rented Premises Ordinance, 1979

Section: 15, 19, 20

Law: Qanun-e-Shahadat (10 of 1984)

Section: 132

(a) Sindh Rented Premises Ordinance (XVII of 1979) Ss. 15 & 19‑‑‑Ex parte order, setting aside of‑‑‑Tenant who put in appearance through his counsel after publication of the notice in newspaper sought adjournment for filing written statement‑‑‑Tenant who failed to file written statement on the adjourned date of hearing again made an application further seeking time to file written statement which application was dismissed and the landlord was directed to file affidavit in ex parte proof‑‑‑Application of tenant for setting aside ex parte order passed against him was also dismissed by the Rent Controller and application filed by the tenant under S.19(4) of ‑Sindh Rented Premises Ordinance, 1979 for supplying him copy of affidavit filed by the landlords and to afford the tenant chance to cross‑examine the landlords and their witnesses was also dismissed by the Rent Controller and final ejectment order was passed against the tenant‑‑‑Validity‑‑‑Nothing was in Sindh Rented Premises Ordinance, 1979 providing that in case a tenant had failed to file written statement then he would be debarred from participating in the future proceedings to be taken after passing the order for ex parte proceedings‑‑‑Tenant, if had not made out a good case for hearing him, in answer to the ejectment sought against him, he at least should have been permitted to cross‑examine the landlords so as to displace their entitlement to ejectment‑‑ Even if the tenant had failed to file written statement and his ground was not considered to be good for the purpose of setting aside the order of ex part proceedings, he could not be debarred from participating in the future proceedings to be initiated after the passing of order for ex pane proceedings‑‑‑Rent Controller having not allowed the tenant to cross‑examine the landlords, ejectment order passed against the tenant could not be termed to be legal in circumstances. Deputy Registrar, Cooperative Societies v. Mst. Zulekha Bai and others 1991 CLC 1003; Messrs Fakhri Traders v. Mst. Batool Fida Hussain Sheikh and 4 others 1985 CLC 282; Islamuddin v. Abdul Rehman and another PLD 1986 Kar. 70; Province of Punjab and others v. Mst. Maqsooda Begum…