1994 CLC 1123 KARACHI-HIGH-COURT-SINDH

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MUHAMMAD AYUB KHAN VS ABDUL AZIZ BURNEY . Sindh Rented Premises Ordinance 1979--21 , Sindh Rented Premises Ordinance 1979 S. 21---Appeal by landlord on question of default only which was decided against him although ejectment of tenant was ordered on ground of personal requirement---Maintainability---Landlord who had succeeded in ejectment application, lodged on more grounds than one, one or more of such grounds going in his favour but the other or the others against him could only (in appeal of tenant) support the order of eviction which might also be on the ground or grounds decided against him but landlord could not either prefer appeal or file cross-objections, independently assailing findings on grounds found against him---Any order or decree could be assailed only by such a party to lis against whom order or decree had operated---Landlord who had clubbed together several grounds in a single ejectment application such action would imply a conscious act on his part equating all such grounds and notionally making it manifest that success on any one of those grounds would be equally acceptable to him he being interested in eviction alone, irrespective of the fact as to which grounds would find favour with the forum coming to adjudicate in the matter---Success on any one of those grounds, should, therefore, bring complete satisfaction to landlord and he would not be treated as "an aggrieved party" in relation to one or more of such grounds, if he had succeeded in obtaining ejectment order on the remaining other ground or grounds--Landlord, would, thus, have no right either for a cross-appeal or cross objections in relation to the grounds in which he failed to succeed and could duly substantiate the same without such appeal or cross-objections in the appeal of the aggrieved party.