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Second Appeal No.419 of 1979, decided on 24th November,1986.

‑‑‑S. 15(2)(vi)‑‑West Pakistan Urban Rent Restriction Ordinance (VI of 1959), S.15(4)‑‑Ejectment of tenant on ground of reconstruction‑ Ejectment ordered by Rent Controller but same was set aside by First Appellate Court‑‑Duly approved plans produced by landlord before First Appellate Court to prove his plea for reconstruction of premises‑‑No objection was filed by tenant on production of plans‑‑Where plans were to be accepted provision, held, was to be made for rehabilitation of tenants in the newly constructed premises and Rent Controller was to decide such matter after due consideration‑‑Case remanded to Rent Controller to decide afresh after providing opportunities to parties to produce relevant documents and lead evidence.

Nooruddin and N.Ramzan for Appellants.

Ahsan Ali T . Khawaja for Respondents.

Date of hearing: 24th November, 1986.

I propose to dispose of IInd Appeal No.419 of 1979 and IInd Appeal No. 420 of 1979 by this single order as the facts in both the above appeals are same.

Two rent cases were filed by landlord in the year 1977 on the ground of re‑construction. The Rent Controller by an order dated 31^st January,1979 allowed both the rent cases and directed the respondent to hand over the possession to appellants within one. The Respondent being age month from the passing of the order recieved with the orde r of the Rent Controller filed First Rent Appeal which was allowed Before arguing the appeals on merits Mr. Nooruddin N. Ramzan invited my attention to the application, dated 28‑3‑1979 whereby approved plan was produced before the 1st appellate Court. The notice was given to the other party but objections were not filed. It is argued that the learned District Judge, Badin, has not made any observations with regard to plan which were available on the record nor he passed any order rejecting the application of the appellant. Now it is contended that the order of the 1st Appellate Court is not proper and contrary to law.

Mr. Ahsan Ali T. Khawaja appearing for the respondent has not denied these points. He has gone through the record and entire case filed and stated that learned District Judge has not passed any order on the application of the appellant. The crucial point in these appeals is that in case the plans are accepted the provision is to be made for rehabilitation of the tenants in the newly constructed premises, and that point is only to be decided under the law by the Rent Controller after due consideration. In these circumstances, Mr. Nooruddin N. Ramzan has submitted that the cases be remanded to the Rent Controller to consider the approved plan produced by the appellant. On the other hand, Mr. Khawaja opposes this request and submitted that these plans were not produced at initial stage before the Rent Controller by the appellant. No further orders are necessary.

In the present cases, it may be pointed out that rent cases were decided in favour of the appellants although this objection with regard to plans was taken in the written statement in spite of the rent applications were allowed. Mr. Nooruddin N. Ramzan stated that this point was not taken in the memo of First Rent Appeal filed by the respondents. Whatever the case may be since the plans were entertained by the First Appellate Court alongwith application but no proper order was passed and objections were not filed by respondents. It is in the interest of justice that this plan is to be considered by competent authority. I, therefore, order that both the cases be remanded back to the Rent Controller with the directions to provide opportunity to both the parties to produce relevant documents and lead evidence. I further direct that these old cases be decided within 6 months. Consequently the orders of Rent Controller as well as First Appellate Court are set aside with no order as to costs.

H . B . T . Order accordingly.

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