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Sindh Rented Premises Ordinance (XVII of 1979)------S. 16(1)(2)---Failure to comply with the tantative rent order by tenant--­Striking off defence of tenant---Defence of tenant was struck off by Rent Controller on the ground that tenant had failed to comply with tentative rent order---Order was vague as Rent Controller before passing the said order did not take into consideration the report of Nazir of the Court with regard to deposit of rent in the Court---Rent Controller, in tentative rent order had neither mentioned amount of arrears nor the month from which future rent was to be deposited, was specified---Tenant, even. if had committed any default in depositing rent according to tentative rent order, that default was only a technical one and not wilful---Defence of tenant could not be struck off on such defective order by the Rent Controller---Order was set aside and case was remanded to Rent Controller to decide the same on merits and according to law. PLD 1982 Lah. 519; 1996 CLC 1312; 1984 CLC 68 and PLD 19.78 Kar. 145 ref. JUDGMENT This is First Rent Appeal, filed by the appellant, challenging the impugned order, dated 26-9-1998, passed by the learned IVth Rent Controller (South), Karachi in Rent Case No. 1222 of 1997, striking off the deface of appellant/tenant with directions to vacate the premises within 60 days from passing of the order. Brief facts of the case are that respondent/landlord filed ejectment proceedings against the appellant/tenant on the ground of default. Learned Rent Controller passed order on 10-2-1998 on application under section 16(1) of Sindh Rented Premises Ordinance, 1979, filed by the respondent/landlord and ordered that appellant/tenant should deposit the rent of Rs.700 from September, 1996 upto date and future rent at the same rate by 10th of every month. The rent already deposited by the appellant/tenant in M.R.C. No.2045 of 1996 may be adjusted in this case. It appears that appellant/tenant produced two receipts relating to July, August and September, 1998, stated to have been deposited in the above rent case; so far rent for February to June, 1998 is concerned, no explanation has been advanced by the appellant/tenant that…

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