1. ' By this common judgment, I propose to dispose of the aforesaid three First Rent Appeals as the same facts are involved.
2. ' The aforesaid three F.A.Rs, have been filed against the order passed by the Rent Controller on 20- 8-1995 in Rent Cases Nos.390, 391 and 392 of 1992 allowing the ejectment applications and directing the appellants/opponents to vacate the demised premises within 60 days. The appellant's counsel contended that the appellant was tenant of Mst. Ghulam Sakina vide lease agreement dated 1-9-1988 at Rs,2,500 per month. That in the record of right the property stood in the name of Mst. Ghulam Skina and Muhamamd Rafique and that he received a notice under section 18 of the Sindh Rented Premises Ordinance dated 28-4-1992 from Surraiyya Sultana mentioning therein that after the death of Muhammad Rafique the property had been jointly devolved upon Muhammad Hussain, Abdul Latif, Tahir Sultan, Surriyya Sultana, Samina Rafat and Mst Ghulam Sakina. The appellant after receipt of notice, neither tendered rent to the respondent nor replied the said notice. The respondent filed ejectment cases against three tenants namely, Fakhruddin Khan, Syed Mahmood Ali Shah and Hamiduddin Siddiqui being Rent Cases Nos.390, 391 and 392 of 1992 respectively. The contention of the appellant's counsel was that he was the tenant of Mst. Ghulam Sakina who was the owner and with whom he had entered into the lease agreement. His further contention was that he, from the very beginning, had been paying rent to her. The learned counsel pointed out that in F.R.A. No,448 of 1995 Mst. Ghulam Sakina has filed her affidavit mentioning therein that as a owner/landlady she has been receiving rent from the tenant against rent receipts which bore thumb mark by her. The respondent's counsel contended that the affidavit filed by Ghulam Sakina cannot be considered at this stage as the appellant has not filed any application for additional evidence in this matter. Both the learned counsel agreed that they will be satisfied if an opportunity is given to the appellant to produce the said Mst. Ghulam Sakina before the Rent Controller. By consent, the ejectment order passed by the Rent Controller is set aside and the aforesaid cases are remanded to the Court of Rent Controller.The appellant is allowed to file affidavit-inevidence of the said Mst. Ghulam Sakina on 6-1-1998 before the Court of 1st Senior Civil Judge and Rent Controller, Karachi (Central). No Court motion notices will be issued to the parties. The learned counsel present in Court will appear before the rent Controller on 6-1- 1998. The Rent Controller is directed to dispose of the aforesaid three rent cases within three months from 6-1-1998.