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West Pakistan Urban Rent Restriction Ordinance (VI of 1959)- -- S. 15 (4)-Second appeal-Order of Rent Controller suffering serious legal infirmity-First appellate Court's affirming same with observation that arguments advanced by counsel for appellant devoid of substance and force and rejection of petition was based on very sound order passed by Rent Controller-First Appellate Court's not reflecting proper application of mind to case of parties nor recording reasons for decision-Court of appeal contenting itself with such observation, held, failed to exercise jurisdiction vested in it-Case remanded to appellate authority for disposal of appeal according to law. Muhammad Rafique v. Mehr Din Civil Appeal No. 121 of 1982 ref. JUDGMENT This second appeal is directed against the judgment of a learned Additional District Judge at Gujranwala whereby he concurred with the views of the learned Rent Controller and dismissed the eviction application of the appellant-landlord. 2. The brief facts giving rise to this S. A. O. are that the appellant Rehmat Ullah filed an application for the eviction of his tenant Nazir Ahmad respondent on the grounds that the house was reasonably and bona fide required by him for his personal use and also for wilful default in the payment of lint. The Rent Controller framed three issues which were as follows : (1) Whether the house is reasonably and bona fide required by the petitioner for his personal use ? O. P. P. (1-A) What is the rate of rent ? O. P. P. (2) Whether the respondent made a wilful, default in making the payment of the rent of the building to the petitioner ? O. P. P. 2. The Rent Controller came to the conclusion that requirement of the appellant-landlord with regard to the property in dispute was neither they bona fide nor in good faith. He also refused to exercise discretion against the tenant on the ground of wilful default. As regards issue No. 1-A as to the rate of rent it was held that it was Rs. 50 p. m. The Rent Controller accordingly dismissed the eviction application by his order dated 22-12-1976. 3. Dissatisfied with the decision, the appellant filed an appeal which came up for hearing before a learned Additional…

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