2. If, in these circumstances the learned Controller came to the finding that the premises in questions was required by the landlord who had deposed that he was unemployed and had no other business premises to commence his business, there would be no room for interference by this Court.
3. The learned counsel also argued that the landlord was an old person aged 70 years and, therefore, not in a physical condition to do any business. In so far as the landlord is concerned it was not put to him that he was so in-firm as not to be able to do any business. All that was put to him was that because of old age, be could not do any business which suggestion was categorically denied by him.
4. Before parting I may refer to the contention of Mr. Mumtaz Ahmad the learned counsel for the appellant that it was not open to this Court to dismiss this appeal without hearing both the parties.
The learned counsel invited my attention to subsection (2) of section 21 of the Sind Rented Premises Ordinance, 1979 which read as follows :- "The Appellate Authority shall, after perusing the record of the case and giving the parties an opportunity of being heard, and if necessary, after making such further enquiry either by himself or by the Controller, make an appropriate order, which shall be final."
As I understand the subsection enjoins the Appellate Authority to peruse the record of the case, which has been done for R. & P. Was called for and has been examined. In so far as the giving of an opportunity to the parties of being heard is concerned it is quite obviously that it is for the benefit of the parties. No purpose will be served by giving the other party an opportunity of being heard when the party aggrieved by the order has been heard fully and the case is found to be without any merit. It would be to my mind an exercise in futility if in these circumstances the Court is obliged to give notice to a party in whose favour the Court is in fact deciding.
5. The result, therefore, is that this appeal is dismissed.
The appellant will have four months time to vacate the premises provided he deposits rent for the four months in advance within a week.