1988 SCMR 772 SUPREME-COURT

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ISMAIL VS SHER BANO Constitution of Pakistan 1973--185 , Sindh Rented Premises Ordinance 1979--21 , ---S.21--Constitution of Pakistan (1973), Art.185(3)--Leave to appeal was granted inter alia to consider as to whether High Court had erred in reversing finding of Rent Controller on issue regarding alleged default in payment of rent which was decided in favour of tenant particularly when no cross-appeal had been filed against same by landlady--Finding on issue of default of payment of rent arrived at by Rent Controller was based on misreading of evidence on record but he had decided eviction petition in favour of landlady on another ground namely premises being required for her bona fide personal use--Held, there was as such, no question of her filing cross-appeal or cross-objection in case--Appeal was filed by tenant and High Court while hearing appeal under S.21(3) of Ordinance was empowered to reverse finding of Rent Controller on issue regarding default in payment of rent decided in favour of tenant even in absence of cross-appeal or cross-objection by landlady.