1988 SCMR 633 SUPREME-COURT

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ABDUL SATTAR SHAH VS ALI AHMAD Sindh Rented Premises Ordinance 1979--19 , ---Ss.16 & 19--Ejectment proceedings--Striking off defence--Rent Controller striking off defence of tenant on his failure to appear and file written statement on date fixed by High Court while passing order of remand--Contention of counsel of landlord that the tenant was guilty of negligence and in terms of S.19(2) Rent Controller was justified to make an ex parte eviction order on evidence of landlord found to be without substance as he was not entitled to support order of eviction on an entirely new basis and secondly punitive provisions of S.19(2) were not attracted to the case--Proceedings before Rent Controller after order of remand were governed by directions contained in remand order but admittedly since Deputy Registrar of High Court did not issue notice to parties as directed, it was impossible for tenant to appear and file his written statement on the date fixed--Such facts, held, constituted a reasonable excuse for his failure to file written statement on said date--Appeal accepted and case remande