' This is a first rent appeal filed against the order dated 11-6-1983 passed by the learned Rent Controller, Karachi, dismissing the ejectment application filed by the appellant/landlord against the respondent/tenant. Previously an ejectment application No, 5088 of 1981 was filed under section 14 of the 1979 Sind Rented Premises Ordinance, but the same was dismissed for non- prosecution by the learned Rent Controller. After the dismissal of the first ejectment case under section 14 of the 1979 Sind Rented Premises Ordinance the appellant filed a second ejectment application under section 14 of the Sind Rented Premises Ordinance, 1979. This second ejectment application under section 14 of the Ordinance, 1979, has been dismissed by the learned Rent Controller by the impugned order dated 11-6-1983 on the ground that after the dismissal of the first ejectment application under S. 14, no fresh notice under section 14(1) of the 1979 Sind Rented Premises Ordinance had been given by the appellant to the respondent. The case of appellant/ landlord has been that prior to the filing of the first ejectment application a notice under section 14(1) had been given and it was not necessary to serve a second notice under section 14(1) after the dismissal of the first ejectment case on the ground of non-prosecution. Apparently the position taken by the appellant is correct, as the first ejectment application had only been dismissed on the ground of non-prosecution.
2. Both the learned counsel agree that the matter may be remanded to the learned Rent Controller for disposal of the ejectment application on merits. Order dated 11-6-1983 of the learned Rent Controller dismissing ejectment Case No, 5244 of 1981 is set aside and the matter is remanded to the learned Rent Controller for fresh disposal in accordance with law. The learned Rent Controller will decide whether a notice under section 14(1) had in fact been served as alleged by the appellant and will decide the case on merits after recording of the evidence led on behalf of the parties. There will be no order as to costs.
3. It is directed that the matter will be disposed of finally by the learned Rent Controller within three months of the first date of hearing to be fixed after receipt of the record by the learned Rent Controller from this Court.