Law:

Section:

(a) Sindh Rented Premises Ordinance (XVII of 1979) S.15 Ejectment of tenantAffidavitinevidenceNonappearance of witness produced by landlady for cross examinationEffectEvidence of d tenant was not afforded opportunity to crossexamine the witnessRent Controller allowed the ejectment application while the same was dismissed by High Court in appeal ValidityAffidavit ­inevidence was not considered as evidence in absence of cross-examinationTenant was not given opportunity to place his case in cross­-examination and evidence of landlady had gone unchallenged, the same had caused prejudice and injustice to the tenantPetition for leave to appeal was converted into appeal, judgments of Rent Controller as well as of High Court were set aside and the case was remanded by Supreme Court to Rent Controller for decision afresh after providing opportunity to tenant to cross­examine attorney of the landlady. (b) Sindh Rented Premises Ordinance (XVH of 1979)----- S.15Ejectment of tenantEvidenceAppearance of landlady through attorneyEffectHigh Court refused to rely upon the evidence of attorney of landlady holding the same being no evidence worth consideration in support of her caseSupreme Court refused to affirm the view of the High Court. Karim Bakhsh v. Haji Arthi Khan v. Secretary to Government of Punjab 1983 SCMR 179 and Syed Abdul Rauf v. Abdul Sattar 1998 SCMR 2525 rel. ORDER SYED DEEDAR HUSSAIN SHAH, J. This common order shall govern the petitions as parties, facts, impugned judgment and caselaw are same and common. 2. Brief facts of the case are that the -Petitioner filed two Rent Cases bearing No.550 of 1995 and 514 or! 1995 for ejectment of the -Respondent through her attorney Muhammad Ashraf before the VIISenior Civil Judge/Rent Controller respectively on the grounds that the -Respondent had made alterations in the shop in dispute impairing its utility and value, committed wilful default in payment of rent and for the personal bona fide use. Both the rent applications proceeded separately and were decided by the Rent Controller in favour of the -Petitioner. -Respondent assailed the judgments of the Rent Controller before the High Court of Sindh through F.R.As Nos.328…

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