Law:

Section:

Sindh Rented Premises Ordinance (XVII of 1979)-----Ss.15(2)(vii) & 21(1)---Constitution of Pakistan (1973), Art. 185(3)---Ejectment of tenant---Remand of case---Leave to appeal ---Ejectment order passed by Rent Controller against petitioner/tenant on ground of personal need of respondents/landlords, was set aside by High Court on ground that there was a conflict in pleadings and evidence of respondents---Court feeling for a need for a fair chance to respondents, remanded case, with permission to them to amend pleadings---Petitioner challenging remand order of High Court, raised two fold contention; That remand was not permissible under C.P.C. and that permission to amend pleading was also against provisions of C.P.C. as also unjustified on merits---Contentions were repelled by Supreme Court, holding that assuming setting aside of order of ejectment of petitioner was justified on grounds stated in impugned order, remand order with permission to amend pleadings, would also be eminently fair approach---Petition for leave to appeal merited dismissal. A.I.Chundrigar, Bar-at-Law, and M.Shabbir Ghaury for Petitioner. ORDER MUHAMMAD AFZAL ZULLAH, J.---Leave to Appeal has been sought from judgment dated 9-1-1984 of the Sindh High Court; whereby, while setting aside the order of eviction of the petitioner (tenant), the case was remanded with permission to the landlords to amend their application for eviction. The two respondents applied for the eviction of the petitioner on ground of their personal requirement. In the application the requirement was more specifically mentioned of only one of them namely respondent No.1 and her family. At the trial, however, the requirement of the respondent No.2 and his son Suleman Piyar Ally was canvassed…

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