1992 SCMR 833 SUPREME-COURT

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MUHAMMAD SABIR VS MUSHARRAF ALI Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 ----S.15---Constitution of Pakistan (1973), Art.185(3)---Ejectment of tenant-- Rent Controller being not satisfied either with the bona fides or with the personal need of landlord, refused to order ejectment of tenant---High Court in appeal, reversed the finding of Rent Controller by upholding personal need of landlord and ordering ejectment of tenant---While landlord's appeal was pending in High Court, tenant had filed application drawing attention of appellate authority to certain events and factors which materially affected landlord's entitlement to seek tenant's eviction on ground of personal need---Tenant's application was not attended to as no notice of it was sent to landlord---Tenant's contention was that High Court while upholding landlord's personal need and ordering ejectment, had taken a too technical -view of the matter which was not justified in ejectment proceedings and at least a notice should have been served on landlord to meet the averment made in the application tiled before High Court---Contentions raised by tenant too required further examination for, landlord had failed before Rent Controller and a judgment of variance was recorded for the first time by the impugned order---Leave to appeal was granted in circumstances.