Law:

Section:

Sindh Rented Premises Ordinance (XV1l of 1979)-------S. 15---Bona fide personal need of landlady ---Ejectment application was filed by landlady through her son as attorney and she also thumb ­marked the same---Attorney was co-owner and had stepped into witness-box to lead evidence on behalf of his mother---Rent Controller dismissed the application being incompetently filed and the order passed by the Rent Controller was maintained by the Appellate Court---Tenant had not suggested in the cross-examination that either the power of attorney was forged or the landlady had deliberately and with mala fide intention failed to appear in the Court and/or that the power of attorney was used to file false case on behalf of the landlady/mother---Effect---Courts below having not discussed the merits of the case there was no reason to hold that the application as filed by the landlady was not maintainable---High Court set aside the orders passed by-the Courts below and remanded the case to Rent Controller for deciding the same on merits after hearing the parties. Mehmood Alam v. Tehseen Asghar PLD 2001 SC 238 and Syed Abdul Rauf v. Abdul Sattar 1998 SCMR 2525 ref. Abdul Aziz Khan assisted by Abdul Qadir for Petitioner. S.A. Ghaffar for Respondents. ORDER This petition arises out of the order dated 21-1-2002, whereby the learned Vth Additional District Judge, Karachi East, .dismissed F. R. A. No. 123 of 2000, preferred against the judgment dated 27-5-2000, passed by the learned VIII Rent Controller, Karachi East dismissing the Rent Case No.217 of 1999 of the petitioner, filed under section 14 of the Sindh Rented Premises Ordinance, 1979 (hereinafter referred to as the SRPO) on the ground of his personal bona fide requirement. 2. The rent case was filed before the learned Rent Controller through the attorney/son of the petitioner, although the same was thumb-­marked by her/landlady besides signing it by the attorney. 3. The respondent contested the proceedings by filing written statement. 4. The trial Court framed the following issues:-- (1) Whether the ejectment application as filed is maintainable under law? (2) Whether the applicant is entitled to get the opponent ejected…

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