1. ' This is an appeal under section 21 of Sindh Rented Premises Ordinance 1979 (hereinafter called Rent Ordinance) directed against an order dated 10-4-1997 passed by IInd Senior Civil Judge and Rent Controller, Karachi South in Rent Cases No, 1207 of 1993, Agha Daver Hussain v. Mrs Zaibun Nisa, whereby ejectment application filed by the appellant was dismissed, hence this appeal.
2. ' The facts of the case need not be reproduced as the same are not necessary for the disposal of this appeal.
3. ' Learned counsel for appellant submits that the ejectment application was filed by the appellant against the respondent on two grounds, (i) for personal requirement in good faith and (ii) default in payment of rent from May 1993 but the Learned Rent Controller has only framed issue with regard to personal requirement of the appellant and has given finding on it and as such no issue on default in payment of rent was struck nor any finding was given, consequently there has been non-compliance of section 19(5) of Rent Ordinance which has resulted miscarriage of justice and the appellant has been prejudiced.
4. ' Learned counsel for respondent submits that the appellant has failed to prove the default as he has been depositing rent in miscellaneous application in the office of Rent Controller and further that the appellant has admitted in the cross-examination that the eviction was sought only on the ground of personal requirement, therefore, non-framing of issues and finding on the point of default would not be necessary.
5. ' I have perused the eviction application, same was filed on the grounds of personal requirement of the applicant and on the point of default in payment of rent. The appellant Agha Daver Hussain also in para. 11 of affidavit in evidence has stated about the non-payment of rents so also personal requirement. The Rent Controller should have struck the issues on both points and should have given finding on each issue subsequently as provided under subsection (5) of section 19 of Rent Ordinance. Failure to strike issue in respect of points in controversy so also to give finding on such controversy would be violative of the provisions of law cited above.
6. ' In the circumstances, impugned order passed cannot be sustained which is hereby set aside and appeal is allowed. The appeal is remanded to the Rent Controller and Lind Senior Civil Judge, Karachi South for disposal after framing issues on the point of default in payment of rent and allowing the parties to adduce evidence. The respondent would be entitled to tender the witness for cross-examination.