1987 CLC 1712 KARACHI-HIGH-COURT-SINDH

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MUHAMMAD MUNIR BIN ISMAIL VS MISS ZEENAT QURESHI Sindh Rented Premises Ordinance 1979--21 , Ss. 15(2)(iv) & 21(1)--eviction of tenant--Material impairment of value or utility of premises--Proof--eviction ordered by Rent Controller on insufficient evidence furnished by landlord on point of impairment in the shape of his own affidavit--There being no sufficient evidence on record on part of landlord to prove material impairment of value or utility of premises alleged to have been committed by tenant except mere statement of landlord on oath, request of landlord that he should be afforded opportunity to prove same, held, was just and proper-Appellate Court setting aside ejectment order against tenant, remanded case to Rent Controller to decide same afresh on merits after affording parties opportunity to lead evidence.