Law: Sindh Rented Premises Ordinance, 1979

Section: 16(2)

Law: Constitution of Pakistan, 1973

Section: 199

PLJ 2026 Karachi 24 Sindh Rented Premises Ordinance, 1979 (XVII of 1979)-- ----S. 16(2)--Constitution of Pakistan, 1973, Art. 199--Deposit of rent--Arrear of rent--Direction to deposit--Failure to comply--Striking of defence--Three year period--Reckoned from--Limitation--Date of institution of suit--Power of rent controller--Concurrent findings-- Period of three years is to be reckoned from date of institution of suit, and not from date of passing of order--Since subject suit was instituted in October 2018, and petitioner was directed to deposit arrears of rent from March 2016, claim falls well within three-year period--Section 16 of SRPO, 1979 empowers trial Court to direct tenant to deposit rent within stipulated time; and upon failure to comply with order, this Court was left with no option but to strike off defence and decide rent case with directions to hand over vacant possession of demised premises to landlord--Since petitioner was directed to deposit arrears of rent as well as monthly rent, and he failed to comply with order, trial Court was well within bounds of law to pass order dated 31.08.2021, striking off petitioner’s defence.                                                                               [Pp. 26 & 27] A & B Order This petition is directed against the order dated 10.01.2022 passed by the XIIth Additional District Judge Karachi-South in F.R.A. No. 220 of 2021 (re: Syed Tariq Hussain v. Jamia Tul-Uloom-il-Islamiayyah & Ors.) and order dated 31.08.2021 passed by the Rent Controller-VI Karachi-South in Rent Case No. 1060/2018 (re: Jamia Tul-Uloom-il-Islamiayyah & Ors v. Syed Tariq Hussain). The order passed by the trial Court on the application under Section 16(2) of the SRPO, 1979 for striking off the petitioner’s…