Law: Sindh Rented Premises Ordinance, 1979

Section: 21

Law: Constitution of Pakistan, 1973

Section: 185(3)

Sind Rented Premises Ordinance (XVII of 1979)--   ---S.21--Constitution of Pakistan (1973), Art.185(3)--Leave to appeal was granted inter alia to consider as to whether High Court had erred in reversing finding of Rent Controller on issue regarding alleged default in payment of rent which was decided in favour of tenant particularly when no cross-appeal had been filed against same by landlady--Finding on issue of default of payment of rent arrived at by Rent Controller was based on misreading of evidence on record but he had decided eviction petition in favour of landlady on another ground namely premises being required for her bona fide personal use--Held, there was as such, no question of her filing cross-appeal or cross-objection in case--Appeal was filed by tenant and High Court while hearing appeal under S.21(3) of Ordinance was empowered to reverse finding of Rent Controller on issue regarding default in payment of rent decided in favour of tenant even in absence of cross-appeal or cross-objection by landlady.   Sh. Muhammad Ashraf v. Sh. Mohammad Almas P L D 1980 Lah.52 and Haji Ibrahim v. S.Rehmatullah 1985 SCMR 241 (256) ref. JUDGMENT JAVID IQBAL, J.--This appeal by special leave has been filed by Ismail appellant who is tenant of Mst.Sher Bano respondent; since deceased, now represented by the present respondents. The brief facts leading to this appeal are that Mst.Sher Bano respondent applied for the eviction of the appellant from the demised premises on the grounds that he was a defaulter in payment of rent and had damaged the property and that she required the premises for her personal use. The Rent Controller vide his order dated 31st May, 1982 respecting appellant being a defaulter, arrived at the conclusion that Mst. Sher Bano respondent failed to establish that the respondent was a defaulter or that he had damaged the property. But he ordered the ejectment of the appellant on the ground that Mst.Sher Bano respondent required the premises for her personal use. The aforesaid order was challenged by the present appellant by way of First Rent Appeal before the High Court of Sind at Karachi and learned Single Judge vide his judgment dated…

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