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First Rent Appeal No. 242 of 1984, decided on 1st December, 1986

‑‑‑Ss. 15(2)(vii) & 21(1)‑‑Ejectment application on ground of personal requirement‑‑Opportunity to cross‑examine tenants and their Witnesses denied to landlord‑‑Appellate Court by consent of parties allowing appeal of landlord, remanded case to Rent Controller to decide in accordance with law after affording landlord opportunity to cross‑examine tenants and their witnesses. [p. 563] A

M. Akram Zubairi for Appellant.

Ahsan Zahir Rizvi for Respondents.

Date of hearing: 1st December, 1986.

This first rent appeal is directed against the order, dated 28th January, 1984, passed by XVIIth Senior Civil Judge/Rent Controller, Karachi whereby the eviction application filed by the appellant was dismissed.

The facts which give rise to this appeal are that the appellant is landlord of shop No.105 situated in Sadar Co‑operative Market, Super Market Building, Abdullah Haroon Road, Karachi and the respondent are the tenants in respect of the said shop at a monthly rent of Rs.300. The appellant filed eviction application on the ground of personal requirement. The respondents resisted the eviction application. The appellant filed his affidavit‑in‑evidence in support of the eviction application. The respondent No.l filed his own affidavit‑in‑evidence besides affidavit‑in‑evidence of Riazuddin and Noor Ahmed. The appellant was cross‑examined by the learned counsel for the respondent. The learned Rent Controller on the basis of the evidence adduced by the parties and taking into consideration the arguments advanced by the learned counsel for the parties dismissed the eviction application vide order, dated 28th January, 1984.

The appellant being aggrieved against the order dated 28th January, 1984 of XVIIth Senior Civil Judge/Rent Controller, Karachi has preferred this appeal on the grounds mentioned in the memo of appeal.

Mr. M. Akram Zubairi, learned counsel for the appellant has contended that the learned Rent Controller decided the matter arbitrarily and the appellant was not given the opportunity to cross‑examine the respondents and their witnesses.

I have perused the case diary of the case. A perusal thereof shows that the respondent No. 1 filed his own affidavit‑in‑evidence on 19‑12‑1982. The respondents also filed affidavits‑in‑evidence of their witnesses namely Riazuddin and Noor Ahmad on 22‑2‑1983 and the case was adjourned for cross‑examination of the respondents and their witnesses for 17‑3‑1983. A perusal of diary dated 17‑3‑1983 shows that the case was adjourned at the request of the learned counsel for the respondents to 9‑‑4‑1983. On 9‑4‑1983 the case was adjourned at the request of learned counsel for the appellant to 15‑5‑1983 A perusal diary sheet dated 15‑5‑1983 and 9‑6‑1983 shows that the Presiding Officer was on leave and the case was adjourned to 8‑8‑1983 A perusal of diary for 8‑8‑1983 shows that case was adjourned to 3‑9‑1983. On 3‑9‑1983 the case was adjourned at the request of Advocate for the respondents to 24‑9‑1983. The case was again, by consent of the parties adjourned to 22‑12‑1983. It seems that on 22‑10‑1983 the appellant and his counsel were called absent and cross‑examination Nil and the case was adjourned to 26‑10‑1983. On 26‑10‑1983 the learned counsel for the appellant filed an application for recalling the order passed on 22‑10‑1983. The learned counsel for the appellant has rightly contended that the learned Rent Controller had not afforded him opportunity to cross examine the respondents and their witnesses.

Mr. Ahsan Zahir Rizvi learned counsel for the respondents has fairly conceded that the appellant was not afforded opportunity to cross‑examine the respondents and their witnesses. By consent of the p parties F.R.A. No. 242 of 1984 is allowed and the case is remanded to the learned VIIIth Senior Civil Judge and Rent Controller, Karachi South for disposal in accordance with law. The learned counsel for the parties have submitted at the Bar that the respondents and their witnesses will appear for cross‑examination on 17‑1‑1987. The learned counsel for the appellant undertakes to cross‑examine the respondents and their witnesses on 17‑1‑1987. I direct the learned Rent Controller to dispose of the case on merits within three months from the date of this order The office is directed to send the R&P of the case to the learned VIIIth Rent Controller, Karachi South at an early date.

H. B. T. /5121/K Case remanded.

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