Law:

Section:

(a) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)-------S. 15---First appeal against order of ejectment ---Duty of Appellate Authority for disposal of appeal---Appellate Authority was required to decide appeal, after sending for record, giving opportunity of hearing to parties by re-appraising entire evidence and with order, supported by independent reasoning---Statutory right of appeal would confer right of re-hearing of whole dispute; unless expressly restricted, Appellate Authority would consider controversy entirely afresh, both as regards facts and law and to substitute its own for that of Subordinate Courts---Judicial order must be speaking order, which must indicate, application of mind to resolution of issues involved for proper adjudication and determination thereof by proper orders---Order passed in appeal indicated that Appellate Authority without attending to evidence, reasons which prevailed upon Rent Controller and points raised by other side, proceeded to reverse findings without recording any independent reasons therefor---Appellate Authority had also relied upon inadmissible evidence and did not attend to points raised, on basis of statements made in cross-examination by witnesses of landlord---Order passed in appeal, in circumstances, could not be termed lawful order or proper disposal of appeal---Order of Appellate Authority was set aside and case was remanded for fresh decision of appeal--­Appellate Authority was directed to record statement of witness who could not be cross-examined due to his non-availability, through process of Court and by coercive measures and thereafter appeal should be decided on merits. Mirdad Khan and another v. Muhammad Khan and another NLR 1979 Civil Lah.540; Trustees of the Port of Karachi and another v. Faquir Muhammad 1992 MLD 1782 and Juma Khan v. Mst. Shamim and 3 others 1992 CLC 1022 ref. (b) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)--- ----S. 15---Bona fide personal need of landlord---Landlord having sought eviction of tenant on ground of bona fide personal need, was entitled to his eviction if he was able to establish that rented premises was required in good faith and bona…

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