' This second appeal is directed against the order of the learned Additional District Judge, Lahore, dated 12-11-1976, passed in appeal requiring the appellant to hand over vacant possession of the premises within two months.
2. An application filed by Mst. Asia Begum and another for ejectment of their tenant Wakil Khan on various grounds found favour with the Rent Controller, who after recording evidence had accepted it and directed the tenant's ejectment. The tenant went in appeal but the same was dismissed.
Hence this appeal.
3. The learned counsel for the appellant has raised various objections to the conclusions arrived at by the Courts below but without expressing any opinion on merits, I find that the learned Additional District Judge has totally failed to apply his mind to the issues and the material on record. The appellant had inter alia agitated that the findings of the Controller were based on misreading of evidence, but the learned Additional District Judge did not advert to the evidence and come to a conclusion of his own. All what he did was to reproduce the objections raised by parties and without discussing the evidence he felt satisfied by remarking that each point was proved on record. The judgment of the appellate Court has to state not only the points for determination but also the specific decision on each point and independent reasons for the decision. It is a mandatory requirement so that the parties may be enabled to decide whether to appeal against the judgment and also to enable the second appellate Court to determine whether lower Court has properly understood the case. But I find that rule has not been adopted.
4. For the reasons recorded above, the appeal is allowed, the order of the learned Additional District Judge is set aside and the case is remanded to the learned District Judge, Lahore, for rewriting the order in accordance with law after hearing the parties once again. It shall be open to the learned District Judge to dispose of the case himself or assign it to any of his Additional District Judges. The parties are directed to make their appearance personally or through their counsel before the learned District Judge, Lahore, on 19-2-1978. The parties are left to bear their own costs of this appeal.