Law:

Section:

(a) Qanun-e-Shahadat (10 of 1984)--­ ----Art. 87---Limitation Act (IX of 1908), S. 12---Appeal---Limitation--- Certified copy of and decree---Application for obtaining such copy of and decree---Duty of Copying Agency---Law does not require any party to pursue the matter in the Copying Agency, therefore, applicant was under no obligation to pursue the matter with it---Copying Agency was required to issue notice to the person applying for the certified copy and to intimate that the record had been received and costs had been estimated--­Costs having been estimated on 13-10-1991, same were paid in the very next day and copy was supplied on 16-10-1991---Appeal filed on 13-11-1991, was thus, within time having been filed within thirty days. (b) Sindh Rented Premises Ordinance (XVII of 1979)--- ----5.21---Civil Procedure Code (V of 1908), O.XLI, R.22---Appeal---Landlord not filing cross-objections against those issues which were decided against him---Effect---Landlord can defend order of eviction of tenant even on the basis of an issue decided against him by Rent Controller. Muhammad Ashraf v. Muhammad Almas PLD 1981 Lah. 52; Wali Muhammad v. Abdul Karim 1984 CLC 2554 and Bashir Ahmed v. Additional District Judge, Gujrat 1985 CLC 2485 ref. Mst. Safdari Begum v. Amir Ali Tabrezi 1985 CLC 836 ref. (c) Qanun-e-Shahadat (10 of 1984)--- ----Art. 78---Certificate of accounts of a person issued by a Bank Officer--­Evidentiary value---Such certificate cannot be admitted in evidence without any formal proof in support of the contents thereof. (d) Sindh Rented Premises Ordinance (XVII of 1979)--- ----S. 15---Change in tenancy agreement---Essentials---Where original tenancy had been created through a written agreement and subsequently any change was desired, such change should necessarily be brought about through a fresh agreement and not by an oral agreement. (e) Sindh Rented Premises Ordinance (XVII of 1979)--- ----S. 13---Creation of tenancy---Mere depositing of rent by a person (other than the original tenant) in Miscellaneous Rent Application would not create relationship of landlord and tenant between the parties nor would such fact disclose that landlord had accepted…

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