1. ' This First Rent Appeal in directed against the order, dated 11-3-1991 passed by the VIIIth Senior Civil Judge and Rent Controller, Karachi South dismissing the eviction application filed by the appellant.
2. ' The facts leading to the filing of the above appeal are that the appellant is the owner/landlord of building known as Bank House No,1 situated at Habib Square, MA. Jinnah Road, Karachi and the respondent is a tenant of the appellant in respect of Room No,9, 4th Floor, Bank House No,1 Habib Square, MA. Jinnah Road, Karachi on monthly rent of Rs,117.80. The appellant filed eviction case against the respondent on the ground of default from September, 1979 to August 1980 and on personal bona fide use by the appellant for its branches. The respondent contested the application by filing written statement. Learned Rent Controller, on assessment of the evidence adduced by the parties, came to the conclusion that the appellant has not established the default as well as personal bona fide use. In this view of the matter, the eviction application was dismissed as stated in the earlier part of this order. Appellant being aggrieved against the impugned order, has preferred the above appeal.
3. ' I have heard Mr. M. Zubair Qureshi, learned counsel for the appellant in support of the appeal and Mr. Abdul Monem Khan, learned counsel appearing for the respondent. I have perused the impugned order, gone through the evidence and pleadings with the assistance of the learned counsel for the parties.
4. ' The main contention of Mr. M. Zubair Qureshi is that the appellant has established personal bona fide use. On the other hand Mr. Abdul Monem Khan has submitted that this ground has not been established by the appellant. After hearing the learned counsel for the parties, both the learned counsel have submitted that one more opportunity be afforded as this is a fit case for remand and the parties may be afforded opportunity to lead evidence in support of their respective contentions. Learned counsel appearing for the parties have also filed joint statement to this effect.
5. I think the request is just and proper in the circumstances of the case. By consent of the parties, the finding on Issue No,2 is set aside and the case is remanded to the learned Rent Controller for disposal in accordance with law after affording opportunity to both the parties. Learned Rent Controller is directed to decide the eviction application within three months from the date of receipt of this order as well as record of the case. The appeal is disposed of in the above terms with no order as to costs.