1. This is an appeal filed by the appellant/tenant against the order dated 15-10-1980 of the Rent Controller Karachi in Rent Application No. 2579/79 filed by the respondent/landlord under section 14 of the 1979 Ordinance. In this matter it is an admitted position that no evidence was recorded by the Rent Controller and reason for not recording evidence given by the learned Rent Controller is that as it was a case under section 14 of the 1979 Ordinance no evidence had been recorded.
2. The main grievance of Mr. Faizanul Haq, learned counsel for the appellant is that evidence should have been recorded. The learned counsel for the appellant has referred to the following decisions given by the learned single Judges of this Court in which it has been held that in proceedings under section 14 of the 1979 Ordinance an inquiry has to be held by the Rent Controller but the nature and type of inquiry and whether evidence is to be recorded or not is left to the discretion of the Rent Controller, depending on the circumstances of the particular case :- Azad Bin Haider v. Adam Khan (PLD 1981 Kar. 622), decided by Sajjad Ali Shah, J. Mumtazuddin Ahmad v. Mst. Sultan Jehan Begum (PLD 1981 Kar. 329) decided by Ajmal Mian, J. (PLD 1981 Kar.
3. 329). Mr. Faizanul Haq, the learned Counsel for the appellant, has referred o another case decided by K. A. Ghani, J. In Ibrahim Ismail v. S. H. A. Gardezi (PLD 1981 Kar. 622) in which it has been held that when a tenant appears in compliance with a notice issued by the Rent Controller on an application filed before him under section 14 of the 1979 Ordinance by the landlord the tenant would be entitled not only to show cause by submitting an explanation in reply to the rent application but where the tenant challenges the allegations made in the application against him and show cause against it, it will be the duty of the Controller to hold an inquiry on questions of facts pleaded by the landlord and challenged by the tenant and to give a fair opportunity to the tenant to offer his evidence and in doing so to cross-examine the landlord.
4. This is a matter under section 14 of the 1979 Ordinance and in the circumstances it is directed that the parties will appear before the IXth Senior Civil Judge and Rent Controller (who is the Controller in whose jurisdiction the present case will fall) on 19-12-1981 on which date the Respondent and his witnesses will be present for cross-examination. Respondent's affidavit is already on record.
5. Affidavits of any further witnesses of the Respondent will be filed on that date and copies thereof will be supplied, a(. Least a week in advance to Mr. Faizanul Haq, the learned counsel for the appellant. Muhammad Khursheed, nephew of the appellant is present in person and states that Muhammad Akbar, appellant is lying ill and therefore was unable to attend the Court today.
6. R & P of the learned Rent Controller in this case may be sent to the learned IX Senior Civil Judge & Rent Controller, Karachi forthwith.