Law:

Section:

Sindh Rented Premises Ordinance (XVII of 1979)--- ----S.16(2)---West Pakistan General Clauses Act (VI of 1956), S.9---General Clauses Act (X of 1897), S.10---Constitution of Pakistan, Art.199---Constitutional petition---Default in pay-ment of rent---Scope---Ejectment order---Striking off defence---Monthly rent was deposited by tenant with the delay of one day from the last date fixed by Rent Controller on account of the circumstances beyond his control as it was holiday on the said date---Effect---Petitioner/tenant was not at fault, so as to penalize for not depositing the rent on last day being Sunday---Last day was public holiday and the petitioner had deposited the rent on the next day on Monday, which could not be treated as a default---Deposit made on the date next after public holiday was valid---Extreme penalty of striking off tenants defence/eviction would not be called for when non-compliance with order was a technical default and not wilful---Unintentional and bona fide act on tenant's part in depositing rent strictly in observance of letter and spirit could not be equated with non-compliance with order, making tenant liable to eviction---Before passing the tentative rent order, it was incumbent upon Rent Controller to determine whether deliberate default had been committed in respect of rent of demised premises by the tenant or not---Impugned order was set aside, matter was remanded to Rent Controller for decision afresh on merit---Constitutional petition was allowed. Obaid-ud-Salam and others v. Faiz Muhammad Khan and others 1987 SCMR 216; Harinder Singh v. S. Karnal Singh AIR 1957 SC 271 and Safeer Travels v. Muhammad Khalid Shafi PLD 2004 SC 690 rel. Ch. Muhammad Siddique v. Muhammad Rashid 1985 SCMR 21; Ch. Muhammad Masood Akhtar Khan v. Muhammad Siddique and others 1991 SCMR 199; Ashiq Ali and another v. Mehar Elahi and 13 others 2001 SCMR 130 and Khadim Hussain v. Nasir Ahmed 2003 SCMR 1580 distinguished. ORDER SYED MUHAMMAD FAROOQ SHAH, J.---Impugned is the order dated 11-10-2011, passed in F.R.A. No. 306 of 2010, whereby the learned Additional District Judge, dismissed the appeal, by maintaining the tentative rent order dated 22-7-2010,…

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