| Citation(s) |
|---|
| 1994 SLG 1137 1994 SLD 1137 |
Sindh High Court
First Rent Appeal No. 364 of 1993, decision dated: 6-03-1994
AHMED YAR KHAN, J
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First Rent Appeal No. 364 of 1993, decision dated: 6-03-1994
AHMED YAR KHAN, J
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Mst. RUKHSANA SHAHEEN --Appellant
VS
MEHMOOD ZAFAR MALIK
Law:
Section:
Sindh Rented Premises Ordinance (XVII of 1979)-------Ss. 15 & 19(2)---Ex parte ejectment order---Setting aside of---Tenant against whom ejectment application was filed, having failed to file written statement despite several adjournments, ex parte ejectment order was passed against him---Tenant alongwith application for setting aside ex parte ejectment order had filed unrebutted affidavit of his counsel in which it was stated by him that due to rush of work file of case was misplaced and because of that he could not file written statement within time---Ex parte order passed by Rent Controller could be recalled, if it was found that notice was not properly served on tenant or that he could not file written statement because of some plausible ground---Plausible ground having been shown by tenant for not filing written statement in time by filing unrebutted affidavit of his counsel, Rent Controller ought to have allowed tenant to file written statement---Even otherwise equity and natural justice demanded that no one should he condemned unheard---Ex parte order passed against tenant by Rent Controller for his failure to file written statement was set aside and case was remanded by Appellate Court for proceeding on merits on basis of pleadings of parties. [p. 1875] A Muhammad Rafiq Gazdar v. Additional Commissioner, Karachi PLD 1972 Kar. 119; Jamal Shah v. Azad Government of Jummu and Kashmir 1991MLD 1243; Mashlakhuddin v. Syed Ali Haider 1982 CLC 644; Wasi Haider v. Qamar Muhammad Khan 1984 CLC 1755; Mir Zaman Khan v. Muhammad Yaqoob and others 1986 CLC 2471; Muhammad Shaft v. M/s. Bambino Limited and another 1983 CLC 985; Muhammad Jahangir v. Choudhary Muhammad Niazuddin and another 1984 CLC 2114; M/s. Siddiq Tailors v. State Life Insurance Corporation 1988 CLC 2332 and Mir Zaman Khan v. Muhammad Yaqoob and others 1986 CLC 2471 ref. Rao M. Shakir Naqshbandi for Appellant. KA. Wahab for Respondent. Dates of hearing: 16th and 23rd January, 1994. JUDGMENT This appeal is directed against the impugned judgment dated 27-7-1993, delivered by 1st Senior Civil Judge/Rent Controller, Karachi (Central), whereby appellant was directed to hand over vacant possession of…
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