Law: Sindh Rented Premises Ordinance, 1979

Section: 16

  Sindh Rented Premises Ordinance (XVII of 1979).--. ----S. 16(1)(2)---Striking off defence of tenant---Premises in question was gifted over to donee/landlord by original owner who was previous landlord o1 tenant---Tenant did not deny fact 4f gifting over premises by previous owner, to donee/landlord though competency and legality of such gift was challenged by tenant---Rent Controller directed tenant to deposit arrears of rent and future monthly rent, but tenant in compliance with such order 9f Rent Controller deposited arrears of rent in name of original owner of premises in dispute instead of donee/landlord, and defence of tenant was struck off for such wrong deposit of rent ---Tenenat while depositing entire arrears of rent in a wrong case in same Court, could not be held guilty of having intentionally violated rent deposit order passed by Rent Controller especially when landlord had failed to establish that such deposit on part of tenant was on account of his contumacious conduct or bad faith or was ill-motivated. Muhammad Yousaf v. Maqbool Ahmed 1985 CLC 2862; Choudhry Muhammad Amin v. Mst. Zahida Beguni 1955 CLC,'3018; Khawaja Ghulam Mustafa v. Mian Waqar Ahmed PLD 1980 SC 9; Syed Ikramuddin Bulki v Mst. Ishrat Warsi 1992 CLC 366; Farooq Hussain v. Muhammad saleem Khan 1992 CLC 2276; Muhammad Naeem and another v. M/s. Karimi Bidi Work 1992 CLC 2499; Miss Zafar Fatimah Rizvi v. Syed Saleem Raza 1993 CLC 270; Anjum Parvez Qureshi v. Babar Sultan 1993 CLC 1823; Mahmood Bashir v Mst. Mobina Begum 1984 CLC 2620; A.S.K. Samad v. A. Hussain and another 1987 SCMR 1013 and Noor Muhammad and another v. Mehdi PLD 1991 SC 711 ref. Ms. Syeda Raffat Bano for Appellant, A. Rashid for Respondent Date of hearing: 4th April, 1994 JUDGMENT This is tenant's appeal against striking off defence and passing of order of ejectment.   Admittedly appellant Agha Abdul Majeed is in possession of the premises in litigation bearing No.368, Block-9, Dastagir Society, Karachi, as tenant. Said property was owned by Abdul Rahim Pasha, who gifted out the same on 21-12-1989 to respondent Inam Waris. Rent Application No.153 of 1991 was filed by Inam Waris for eviction of…