Law:

Section:

Sindh Rented Premises Ordinance (XVII of 1979)-------Ss. 15(2)(ii), (vii) & 21---Default in payment of rent---Bona fide personal need of landlord---Rent Controller accepted the ejectment application on both the grounds of default by tenant and need of the landlord---Order of the Rent Controller was based on surmises and conjectures as he had not taken into consideration the entire facts of the case and the evidence available on record---Tenant had clearly stated that he had been paying rent since the inception of tenancy, but the landlord had never issued any receipt for the rent paid and that tenant due to long cordial relations had never insisted for rent receipts---Burden with regard to issuance of receipts was on landlord, but the Rent Controller shifted the burden on the shoulders of the tenant without taking into consideration submission of the tenant---Finding of the Rent Controller on issue of personal need of the landlord was also not elaborate and he decided matter in favour of the landlord without any proper reason--­Validity---Rent Controller having not taken into consideration properly the issues involved in the case and having passed the order on mere conjectures and surmises, such order was set aside and case was remanded to decide afresh after giving parties opportunities over the issues involved in the matter and taking into consideration entire evidence on record, in accordance with law. 1986 CLC 1280; 1986 CLC 1551; 1994 CLC 755; 1985 CLC 562; 1993 MLD 386; 1993 MLD 1825; 1986 CLC 2550; 1994 MLD 1958; PLD 1990 SC 394; 1999 SCMR 538; 1989 CLC 34 and 1981 MLD 1486 ref. JUDGMENT Appellant Dost Muhammad K. Shaikh has challenged the impugned Order dated, 10-1-1996 in Rent Case No.299 of 1993 passed by learned VI Senior Civil Judge and Rent Controller, Karachi-East, whereby the appellant has been directed to vacate and handover the peaceful possession of the demised premises to the respondent/landlord within 60 days from today. Hence this Appeal. The respondent/landlord filed ejectment application under section 15 of Sindh Rented Premises Ordinance, 1979 against the appellant/tenant before the learned Vth Rent Controller and thereafter the…

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